Dave v. State
Supreme Court of Alabama
Erroe to the Circuit Court of Perry. Tried before the Hon. A. B. Moore. This was an indictment against a slave named Dave, for an assault upon a free white person with intent to kill. On the trial below the defendant was convicted, and the sentence of the law was passed upon him.
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Erroe to the Circuit Court of Perry. Tried before the Hon. A. B. Moore. This was an indictment against a slave named Dave, for an assault upon a free white person with intent to kill. On the trial below the defendant was convicted, and the sentence of the law was passed upon him. At the trial a bill of exceptions was allowed, and the matters in it assigned for error are substantially the following: The State introduced a witness, one John B. Cunningham, and proved by him the following facts, to wit: “That John Cunningham, witness’ father, hired from Mrs. Sarah Underwood, the defendant, Dave,…
1Opinion of the CourtGibbons, J.
In the relation of master and slave, the master is entitled to the absolute dominion and control over the slave. The slave owes absolute and unconditional submission to the master. The master has the right to chastise and punish the slave in order to enforce his obedience, and to compel him to the performance of his duties. If the slave throws off the authority of the master, puts himself in a hostile attitude towards him, resists his dominion and control by physical force, evincing by his acts, while in a personal conflict with the master, a design to make that resistance effectual in…
2Cases cited1 opinion
- Ex parte KeenanSupreme Court of Alabama · 1852
3Cited by30 opinions
- Smith v. StateSupreme Court of Alabama · 1916
- Boon v. F. M. Weathered's AdministratorTexas Supreme Court · 1859
- Ward v. StateSupreme Court of Alabama · 1856
- Mose v. StateSupreme Court of Alabama · 1860
- Ward v. StateCourt of Criminal Appeals of Oklahoma · 1918
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