State v. John
Supreme Court of Alabama
Question reserved as novel and difficult, by the Circuit Court of Sumter County. The prisoner was indicted for the crime of murder, and convicted. The indictment charges, that he is a slave, the property of one Anderson, and it does not appear that, after returning the verdict of guilty, the jury were again sworn, then or at any other time, to assess the value of the slave.
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Question reserved as novel and difficult, by the Circuit Court of Sumter County. The prisoner was indicted for the crime of murder, and convicted. The indictment charges, that he is a slave, the property of one Anderson, and it does not appear that, after returning the verdict of guilty, the jury were again sworn, then or at any other time, to assess the value of the slave. This omission was urged as a reason why sentence should not be pronounced on the verdict, and the presiding judge, considering the question as novel and difficult, referred it to the Supreme Court. insisted that the…
1Opinion of the CourtGoldthwaite, J.
— If the statute referred to, imposes on this Court the duty of declaring a conviction void, when the proceedings are regular, and the verdict just, it presents, to say the least of it, a most singular anomaly in legislation.
The act, which it is supposed authorizes the arrest of judgment, is in these words: “ Whenever, in the trial of any slave for a capital offence, the jury shall return a verdict of guilty, the presiding judge shall have the same jury sworn to assess the value of the said slave, and the verdict of the said jury shall be entered on the records of the Court; and the master or…
2Cases cited1 opinion
- Flora v. StateSupreme Court of Alabama · 1836
3Cited by3 opinions
- Shorter v. UrquhartSupreme Court of Alabama · 1856
- English v. BrownSupreme Court of Alabama · 1846
- Hanson v. JacksSupreme Court of Alabama · 1853