Jelks v. McRae
Supreme Court of Alabama
Appeal from the Circuit Court of Russell. Tried before the Hon. Nat. Cook. Assumpsit on the common money counts, by Marcellus B. Jelks against Dawson A. McRae; plea, the general issue.
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Appeal from the Circuit Court of Russell. Tried before the Hon. Nat. Cook. Assumpsit on the common money counts, by Marcellus B. Jelks against Dawson A. McRae; plea, the general issue. The bill of exceptions states, that “ the proof showed that, in September, 1851, the plaintiff accused a certain slave belonging to defendant, named Bill, of having received $200 of money, which he said was lost by him, from the hands of another slave belonging to one Throadgill; that said Bill confessed that he had received the money ; that he was a few days afterwards, in September, 1851, in the possession of…
1Opinion of the Court
G-OLDTHWAITE, J. —
There was nothing in the first charge that was objectionable, as the confession made by the slave involved no charge against the defendant, and called for no reply from him. He was not, therefore, called upon to speak, and his silence furnished no ground .to suppose he admitted any of the facts to which the confession related.— Spencer v. The State, 20 Ala. 24.
The second charge was, in effect, that if the slave had received from another slave the money lost by the plaintiff, and defendant had no knowledge of it unless from the confession,— had not received it, and had no…
2Cases cited3 opinions
- Spencer v. StateSupreme Court of Alabama · 1852
- Blackburn v. BakerSupreme Court of Alabama · 1840
- Cawthorn v. DeasSupreme Court of Alabama · 1835
3Cited by3 opinions
- Townsend v. CowlesSupreme Court of Alabama · 1858
- Perry v. JohnstonSupreme Court of Alabama · 1877
- Cleere v. CleereSupreme Court of Alabama · 1886