Jordan v. State
Supreme Court of Georgia
Indictment for murder in Dougherty Superior Court. Tried before Judge Allen, June Term, 1857. Randal S. Jordan was indicted for the murder of a negro girl named Mariah, the property of John H. Dawson. Prisoner’s counsel moved to quash the indictment, on the ground that it was not alleged, that the slave was not in a state of revolt, or the killing did not happen while inflicting moderate correction. The Court overruled the motion, and prisoner excepted.
Read the full summary
Indictment for murder in Dougherty Superior Court. Tried before Judge Allen, June Term, 1857. Randal S. Jordan was indicted for the murder of a negro girl named Mariah, the property of John H. Dawson. Prisoner’s counsel moved to quash the indictment, on the ground that it was not alleged, that the slave was not in a state of revolt, or the killing did not happen while inflicting moderate correction. The Court overruled the motion, and prisoner excepted. After reading the indictment, and before any testimony was introduced, prisoner’s counsel moved for a verdict of not guilty, on the grounds…
1Opinion of the Court
By the 'Court.
McDonald, J.
delivering the opinion.
[1.] The motion in arrest of judgment ought not to have been sustained, and in our judgment the Court below committed no error in overruling it. The twelfth section of the fourth Article of the Constitution does not define what shall constitute the murder of a slave, but only declares that the maiming or killing a slave, shall be established by like proof, and subject to such punishment, as in case the same offence had been committed ou a free white person. It is restrictive of the power of the Legislature. The exception does not alter the…
2Cited by35 opinions
- State v. EubanksSupreme Court of Georgia · 1977
- Cantrell v. StateSupreme Court of Georgia · 1996
- Warren v. StateCourt of Criminal Appeals of Oklahoma · 1911
- People v. MuhlnerCalifornia Supreme Court · 1896
- Goldsmith v. StateCourt of Appeals of Georgia · 1936
30 more not listed; retrieve them via the Exa API.