Burt v. State
Supreme Court of Alabama
Eeom the Circuit Court oí Marengo. Tried before the Hon. James Cobbs. The indictment in this case, which Was returned into court on the 23d September, 1863, averred that the prisoner, “ Burt, alias Burton, a slave, unlawfully, and with malice aforethought, killed Christopher Toomey, a white man, by beating him with a stick,” or (as the second count charged) “by cutting and stabbing him with a knife.”
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Eeom the Circuit Court oí Marengo. Tried before the Hon. James Cobbs. The indictment in this case, which Was returned into court on the 23d September, 1863, averred that the prisoner, “ Burt, alias Burton, a slave, unlawfully, and with malice aforethought, killed Christopher Toomey, a white man, by beating him with a stick,” or (as the second count charged) “by cutting and stabbing him with a knife.” On the trial, which took place on the 27th September, 1865, the prisoner demurred to the indictment; but the record does not show what grounds of demurrer, if any, were specified. The court…
1Opinion of the CourtA. J. Walker, C. J.
On the 23d September, 1863, the appellant was indicted for the murder of a white man. The indictment avers that the appellant was a slave. Section 33i 2 of the Code declares, that “ every slave, who is guilty of murder, * * * must, on conviction, suffer death.” Under this law, the appellant was, on the 27th September, 1865, tried; and, on the 30fch of the same month, sentenced to be executed.
It is a principle of law which cannot now be controverted, that no conviction can be had under a law which has been repealed, or abrogated. It is also an indisputable doctrine of the law, that a…
2Cases cited36 opinions
- Dash v. Van KleeckNew York Supreme Court · 1811
- The AntelopeSupreme Court of the United States · 1825
- The Emily and the CarolineSupreme Court of the United States · 1824
- CARPENTER v. Commonwealth of PennsylvaniaSupreme Court of the United States · 1855
- Sprowl v. LawrenceSupreme Court of Alabama · 1859
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3Cited by3 opinions
- Louisville & Nashville Railroad v. CookSupreme Court of Alabama · 1910
- City of Birmingham v. BrownAlabama Court of Appeals · 1915
- State v. MathewsTennessee Supreme Court · 1889