Davenport v. Commonwealth
General Court of Virginia
Alfred R. Davenport was indicted in the circuit court of Henrico, for stealing a free boy of colour. The indictment charged, that the said Davenport did feloniously steal, take and carry away, one mulatto boy named David Casar, who was a free boy and .not a slave, the said Davenport at the time knowing him to be free. Davenport demurred to the indictment. The court overruled the demurrer. And then he pleaded not guilty, and was put upon his trial.
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Alfred R. Davenport was indicted in the circuit court of Henrico, for stealing a free boy of colour. The indictment charged, that the said Davenport did feloniously steal, take and carry away, one mulatto boy named David Casar, who was a free boy and .not a slave, the said Davenport at the time knowing him to be free. Davenport demurred to the indictment. The court overruled the demurrer. And then he pleaded not guilty, and was put upon his trial. The jury found him guilty, and ascertained the term of his imprisonment in the penitentiary, to be two years; and sentence was pronounced…
1Opinion of the CourtBrockenbrough, J.
The first question is that presented by the demurrer to the indictment: Whether the indictment was good and sufficient in law? This depends on the construction of the statute on which the indictment is founded. The statute declares that “ if any person shall hereafter be guilty of stealing or selling any free person for a slave, knowing the person so sold to be free,” such person being convicted thereof, shall be imprisoned in the penitentiary for a term not less than one nor more than ten years. 1 Rev. Code, ch. 111. § 28. p. 427.
It is alleged by the prisoner’s counsel, that the statute does…
2Cited by12 opinions
- State v. BurpeeSupreme Court of Vermont · 1892
- Brown v. CommonwealthSupreme Court of Virginia · 1890
- State v. DickeyWest Virginia Supreme Court · 1900
- State v. WrightSupreme Judicial Court of Maine · 1865
- Meyer v. StateSupreme Court of Arkansas · 1857
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