Legal Opinion

Nabors v. State

Supreme Court of Alabama

Decided January 15, 1844PublishedCited by 24 opinions

Weit of Error to the Circuit Court of Pike county. Nabors was indicted at spring term, 1843, of the circuit court of Pike county, for slave stealing.

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Weit of Error to the Circuit Court of Pike county. Nabors was indicted at spring term, 1843, of the circuit court of Pike county, for slave stealing. The indictment contains several counts, and the first charges, that he, on the.1st day of September, 1842, in Pike county, a negro boy slave, named Nathan, of the value of three hundred dollars, of the goods and chattels of one Henry M. Herrin, then and there being found, feloniously did steal, take and carry away, against the peace and dignity of the State of Alabama. The jury returned a verdict .“of guilty on the first chai-ge,” and the court…

1Opinion of the CourtGoldthwaite, J.

-1. The firstpoint presented here, is-not materially different from one decided by us at a previous day in this term, in the case of Nancy v. The State. There, the finding' of the jury extended only to a part of the charge contained in the sole count of the indictment, yet we considered the finding, as good for so much of the offence as it stated, and that it was-equivalent to an acquittal of the residue of the charge. Here, the-verdict clearly refers to the first count of the indictment, and may properly be considered as an affirmation of the prisoner’s *202guilt, in manner and form as thereby…

2Cases cited1 opinion

  1. Ned v. StateSupreme Court of Alabama · 1838

3Cited by24 opinions

  1. Noles v. StateSupreme Court of Alabama · 1854
  2. Gunter v. StateSupreme Court of Alabama · 1887
  3. Commonwealth v. FosterMassachusetts Supreme Judicial Court · 1877
  4. Bell & Murray v. StateSupreme Court of Alabama · 1872
  5. Clifton v. StateSupreme Court of Alabama · 1883

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