Mose v. State
Supreme Court of Alabama
From the Circuit Court of Perry. Tried before the Hon. Porter King. The indictment in this case was found at the fall term, 1858, of the circuit court of Balias, and charged the' prisoner, Mose, alias Moses, a slave, with the murder of Martin Oaks, a white person.
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From the Circuit Court of Perry. Tried before the Hon. Porter King. The indictment in this case was found at the fall term, 1858, of the circuit court of Balias, and charged the' prisoner, Mose, alias Moses, a slave, with the murder of Martin Oaks, a white person. The prisoner was arraigned at the same term, and pleaded not guilty; and, on a sub-' sequent day of the term, on his application, the venue was changed to Perry county, where, at the fall term, 1859, he was tried and convicted; but the judgment of conviction was reversed by this court, at its"January term, 1860, and the cause…
1Opinion of the CourtA. J. Waleer, C. J.
The prisoner was arraigned, and pleaded “not guilty,” at the term of the court at which he was indicted. Upon his last trial, he stood mute; and the court caused the plea of not guilty to be entered, against the objection of his counsel. In this there was no reversible error. It is not conceivable that the prisoner could have sustained the slightest detriment from the course adopted by the court.
[2.] We cannot sustain the position, that the statute does not authorize a change of venue in the case of a slave prosecuted by an indictment. The statute provides, that “the trial of any person,…
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3Cited by39 opinions
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- State v. PattersonSupreme Court of Missouri · 1881
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