Ex parte Howard
Supreme Court of Alabama
The petitioner was indicted at the fall term, 1856, of the circuit court of Macon, for the homicide of a slave, alleged to have been caused by cruel whipping orbeating. At the first term, his case was continued by the State, against his objection. He afterwards applied for bail, on habeas corpus, before the Hon. Robert Dou&herty, who refused it; and the evidence submitted being set out on exceptions to the decision of the judge, he now renews his application to this court.
1Opinion of the Court
RICE, O. J.
The indictment in this case is framed in reference to section 3296 of the Code, which declares, that “any owner, overseer, or other person having the right to correct any slave, who causes the death of such slave by cruel whipping, or beating, or by any other cruel or inhuman treatment, or by the use of any instrument in its nature calculated to produce death, though without any intention to kill, is guilty of murder in the second degree, and may be guilty of murder in the first degree.”
When the owner, or overseer, or other person having the right to correct a slave, causes his…
2Cases cited2 opinions
- Ex parte BanksSupreme Court of Alabama · 1856
- Camp v. StateSupreme Court of Alabama · 1855
3Cited by1 opinion
- Manaway v. StateSupreme Court of Alabama · 1870