State v. Alford
Supreme Court of Arkansas
Error to Hempstead Circuit' Court. Hon. Lem. B. Green, Circuit Judge. A verdict which superadds to a correct finding upon the offence charged a qualification notknown to the law is not void: the qualification may be disregarded and sentence passed upon so much of the verdict as is good. 1 Gh. Cr. Law 648 vote 1. Matters of form may be corrected even in a capital case to fulfill the intention oí the jury. 1 Ch. Cr.
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Error to Hempstead Circuit' Court. Hon. Lem. B. Green, Circuit Judge. A verdict which superadds to a correct finding upon the offence charged a qualification notknown to the law is not void: the qualification may be disregarded and sentence passed upon so much of the verdict as is good. 1 Gh. Cr. Law 648 vote 1. Matters of form may be corrected even in a capital case to fulfill the intention oí the jury. 1 Ch. Cr. Law 646; 23 Pick. 405. Describing a party in an indictment as a negro, does not raise the presumption that he was a slave. When a party has been once indicted for murder and…
1Opinion of the CourtJustice Fairchild
In December 1859, the defendant was put.upon his last trial, on an indictment for murder. He is described in the indictment as Alford, a negro, and no testimony was adduced upon the trial that he was a slave. In some of the orders of the court, as in papers that were filed on the part of the State, and on the part of the defendant, he is denominated Alford, a slave. And in his motion for a new trial, after the first conviction, which was of murder in the second degree, it is objected that the verdict was illegal, as the law recognizes no degrees of murder wdien committed by a slave. After the…
2Cited by1 opinion
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