Anthony v. State
Supreme Court of Alabama
Erom the Circuit Court of Barbour. Tried before the Hon. Edmund W. Pettus. The indictment in this case charged “ that Anthony, a slave, the property of Elias G-. Hodges, did attempt to poison Elias G-. Hodges, a white person, and Mary C. Hodges, a white person, against the peace and dignity of the State of Alabama.” The record does not show that the prisoner demurred to the indictment, or that he moved in arrest of judgment.
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Erom the Circuit Court of Barbour. Tried before the Hon. Edmund W. Pettus. The indictment in this case charged “ that Anthony, a slave, the property of Elias G-. Hodges, did attempt to poison Elias G-. Hodges, a white person, and Mary C. Hodges, a white person, against the peace and dignity of the State of Alabama.” The record does not show that the prisoner demurred to the indictment, or that he moved in arrest of judgment. It is not necessary to notice the rulings of the court on the trial, which are set out in the bill of exceptions. contended that the indictment was fatally defective,…
1Opinion of the CourtRice, C. J.
By the 4th section of the 15th chapter of our penal code of 1841, it was declared, that every slave, who “ shall attempt to poison, or to .deprive, any white person of life, by any means not amounting to an assault, and be thereof convicted, shall suffer death.” — Clay’s Digest, 472, § 4. In 1847, a case came before this court, in which a slave was indicted under that seption, for an “attempt to poison” a white person, and in which it became necessary to put a construction on that section, in order to determine the sufficiency of the indictment. The opinion of the court was, that the offense…
2Cases cited5 opinions
- Duramus v. HarrisonSupreme Court of Alabama · 1855
- Foote v. CobbSupreme Court of Alabama · 1851
- Turnipseed v. StateSupreme Court of Alabama · 1844
- State v. ClarissaSupreme Court of Alabama · 1847
- Trexler v. StateSupreme Court of Alabama · 1851
3Cited by18 opinions
- Harrington v. SmithWisconsin Supreme Court · 1871
- Lewis v. StateSupreme Court of Alabama · 1860
- Lewis v. StateCourt of Criminal Appeals of Texas · 1910
- Gayden v. StateAlabama Court of Appeals · 1954
- Langham v. StateSupreme Court of Alabama · 1942
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