Scott v. State
Mississippi Supreme Court
In error, from the circuit court of Madison county. Henry, J. Tbe indictment was founded on the statute for cruel or unusual punishment of slaves. Hutch.
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In error, from the circuit court of Madison county. Henry, J. Tbe indictment was founded on the statute for cruel or unusual punishment of slaves. Hutch. Code, 519. The indictment should have been quashed, because it does not show that defendant was master, or that he was entitled to the services of tbe slave, but simply states that he was overseer ; it does not contain the statutory offense; indictments, founded on statutes, must pursue the precise and technical language employed in the statute, in the definition or description of the offense. Anthony v. State, 13 S. & M., 264; Ike v. The…
1Opinion of the Court
Smith, C. J.:
The plaintiff in error was indicted, in the circuit court of Madison county, for inflicting cruel punishment upon a slave, in violation of the statute. The indictment contained two counts. The first charged, that the prisoner, being then and there the overseer of a certain slave by the name of Boh, un*890lawfully did then and there inflict cruel punishment upon the said slave, said slave being then and there the property of Lawson F. Henderson, in the manner following; setting out the character and the manner in which the alleged punishment was inflicted. The second count charged the…
2Cases cited2 opinions
- People v. AllenNew York Supreme Court · 1847
- United States v. LancasterU.S. Circuit Court for the District of Illinois · 1841
3Cited by7 opinions
- People v. MorrisMichigan Supreme Court · 1890
- Riley v. StateMississippi Supreme Court · 1871
- Lovejoy v. StateCourt of Criminal Appeals of Texas · 1893
- Buford v. StateMississippi Supreme Court · 1927
- Gates v. StateMississippi Supreme Court · 1894
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