State v. Slack
Supreme Court of Alabama
This case was brought from the Circuit Court of Fayette on points reserved by the presiding judge as novel and difficult. The prisoner was indicted for the murder of a slave. The jury found him guilty of murder in the second degree, and the court sentenced him to imprisonment in the penitentiary for ten years.
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This case was brought from the Circuit Court of Fayette on points reserved by the presiding judge as novel and difficult. The prisoner was indicted for the murder of a slave. The jury found him guilty of murder in the second degree, and the court sentenced him to imprisonment in the penitentiary for ten years. A motion was made for a new trial, because the verdict of the jury was contrary to law and evidence; which motion was allowed by the court, and a new trial granted, if this court should be of the opinion that a new trial can be granted in such a case as this. The provision of the…
1Opinion of the CourtOrmond, J.
The humane maxim of the common law, that no one shall be twice put in jeopardy of life or limb for the same offence, has been engrafted on the constitution of the United States, and adopted into our bill of rights.
In the case of the State v. Ned, [7 Porter, 217,] we had occasion to consider the effect of this maxim upon the rights of a prisoner who had been put on his trial in a capital case, and the jury discharged from rendering a verdict because they had declared they could not agree; and it was then held, that he was entitled to his discharge — that having been once in peril of his life,…
2Cases cited2 opinions
- Ned v. StateSupreme Court of Alabama · 1838
- People v. M'KayNew York Supreme Court · 1820
3Cited by12 opinions
- City of Dothan v. HollowaySupreme Court of Alabama · 1986
- State v. HaysSupreme Court of Missouri · 1883
- Hughes v. StateSupreme Court of Alabama · 1860
- State v. KeatingSupreme Court of Missouri · 1909
- Collins v. JohnsonSupreme Court of Arkansas · 1835
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