Legal Opinion

Bradley v. State

Mississippi Supreme Court

Decided July 1, 1872PublishedCited by 2 opinions

Error to Monroe eircuit court. Dawson, J. The plaintiff in error was indicted in the court below, at the April term, 1847, for having “ with a dirk knife, being a deadly weapon, cut, beat, bruised, maimed, and ill-treated, with intent, in and upon one Isliam, a slave of William Cozant, wilfully and maliciously, and feloniously, to commit manslaughter.” The case was tried, and the prisoner found guilty; and the court sentenced him to jail for a period of two years.

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Error to Monroe eircuit court. Dawson, J. The plaintiff in error was indicted in the court below, at the April term, 1847, for having “ with a dirk knife, being a deadly weapon, cut, beat, bruised, maimed, and ill-treated, with intent, in and upon one Isliam, a slave of William Cozant, wilfully and maliciously, and feloniously, to commit manslaughter.” The case was tried, and the prisoner found guilty; and the court sentenced him to jail for a period of two years. One McWilliam, the Only witness for the prosecution, testified that he saw the prisoner run after the negro, about ten steps…

1Opinion of the CourtThachee, J.

This is an indictment preferred by the grand jury of Monroe county against John Bradley. The indictment charges the accused with an assault and battery with a deadly weapon, upon a certain slave, “ with intent to commit manslaughter.”

This indictment can be construed only to be an indictment for an aggravated assault. It is not an indictment for an assault with an intent to kill, by which is understood and has been held, an intent to murder.

The evidence, that of a single witness only, shows, that the defendant below was seen with a knife in his hand in pursuit of the slave, when he was stopped…

2Cited by2 opinions

  1. Sarah v. StateMississippi Supreme Court · 1872
  2. State v. MalcolmSupreme Court of Iowa · 1859

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