Godfrey v. State
Supreme Court of Alabama
From the City Court of Mobile. Tried before the Hon. Alex. McKiNSTRY. The prisoner in this ease, who was a slave belonging to Mrs. Margaret Stuart, w’as indicted for the murder of a child named Lawrence Gomez, whose nurse he was; the child being four years and eleven months old at the time of the alleged murder.
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From the City Court of Mobile. Tried before the Hon. Alex. McKiNSTRY. The prisoner in this ease, who was a slave belonging to Mrs. Margaret Stuart, w’as indicted for the murder of a child named Lawrence Gomez, whose nurse he was; the child being four years and eleven months old at the time of the alleged murder. The evidence adduced on the trial is thus stated in the bill of exceptions: -testified, that he was near the house where the deceased lived, and, hearing screams there, went to the house; that the child was on the floor, all bloody; that he was cut on the face and head, thi’ee cuts,…
1Opinion of the CourtWalker, J.
— The single point to be considered in this case is, whether the charge of the court below to the jury was correct. An analysis of that charge shows that the jury were distinctly instructed, that the defendant, being between seven and fourteen years of age, was, prima facie, incapable of committing crime; that to overturn the intendment in favor of his incapacity to commit crime, the jury must be convinced from the evidence beyond a reasonable doubt, after allowing due consideration to the fact that the accused was a negro and a slave, that he knew fully the nature of the act done, and its…
2Cited by8 opinions
- Martin v. StateSupreme Court of Alabama · 1891
- Darden v. StateAlabama Court of Appeals · 1915
- Woodruff v. ConleySupreme Court of Alabama · 1874
- McCormack v. StateSupreme Court of Alabama · 1893
- In Re William A.Court of Appeals of Maryland · 1988
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