Smith v. State
Supreme Court of Alabama
Writ of Error, allowed in vacation, by one of the Judges of this Court, to the Circuit Court of Dallas. The prisoner was indicted, tried and convicted on indictment for the murder of one Edmund, also a slave, at the fall term, 1845. At the trial there was no direct or positive proof against the prisoner, but all the evidence was circumstantial.
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Writ of Error, allowed in vacation, by one of the Judges of this Court, to the Circuit Court of Dallas. The prisoner was indicted, tried and convicted on indictment for the murder of one Edmund, also a slave, at the fall term, 1845. At the trial there was no direct or positive proof against the prisoner, but all the evidence was circumstantial. A slave named Sam was sworn and examined, and he denied all knowledge of the murder of Edmund, or of any participation of the accused with it. Sam had been tried and acquitted, the day previous to his examination, on a charge of the same murder.…
1Opinion of the CourtOrmond, J.
Upon the trial ,of Smith, the prisoner, for the murder of a slave by the name of Edmund, Sam, a slave, was examined as a witness by the State, and denied any knowledge of the murder of Edmund, or of the participation of Smith in -it, but had stated some circumstances tending to implicate Smith. The witness had been tried, and acquitted, the day before of the same murder, and the counsel for Smith, 'the prisoner, offered to prove, that whilst the trial of Sam was in progress, he being at the time in jail, became alarmed, and desired a white man present to send for his master- — that he wished…
2Cases cited1 opinion
- Commonwealth v. HearseyMassachusetts Supreme Judicial Court · 1804
3Cited by50 opinions
- Levison v. StateSupreme Court of Alabama · 1875
- Carlton v. PeopleIllinois Supreme Court · 1894
- Green v. StateSupreme Court of Alabama · 1953
- Smith v. StateCourt of Criminal Appeals of Alabama · 2000
- McDonald v. StateSupreme Court of Alabama · 1910
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