McGehee v. State

The indictment charges that “Andrew McGehee, a freedman, unlawfully and with malice aforethought, killed Berry McMakin.” On the trial the State offered no evidence in support of the averment that the accused was' a freedman, and he requested several charges, affirming in effect that if the State had failed to prove the averment, he was entitled to a verdict of acquittal. These charges were refused and an exception reserved.

We can perceive no reason for the averment. It is wholly unnecessary, and has no legal effect. If such is the status of the accused, his offence is not thereby aggravated…