Martin v. Hardesty
Supreme Court of Alabama
Appeal from the Circuit Court of Perry. Tried before the Hon. Andrew B. Moore. This action was brought by G-eorge 0. Hardesty against Levi Martin, to recover damages for a malicious arrest and imprisonment on a charge of larceny, and was commenced in February, 1853. The only pica was, not guilty.
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Appeal from the Circuit Court of Perry. Tried before the Hon. Andrew B. Moore. This action was brought by G-eorge 0. Hardesty against Levi Martin, to recover damages for a malicious arrest and imprisonment on a charge of larceny, and was commenced in February, 1853. The only pica was, not guilty. It appeared from the evidence that Hardesty was arrested in Mobile, in January, 1853, on a charge of having stolen a slave named Jane, preferred against him by the defendant in this action, and was imprisoned for several days in the city guardhouse ; that he claimed to have received the slave from…
1Opinion of the CourtChilton, C. J.
We are of opinion that the court erred in excluding the evidence of the bad character of Hardesty from the jury ; and that his only occupation was that of gambling and horse-racing. It would certainly require less stringent proof to make out probable cause for prosecuting such a character for larceny, than one who main- ■ tained a good character, and followed an occupation for a livelihood altogether lawful.
The testimony of Chambers, “that Oran Marlin told him, while in possession of the slave alleged to have been stolen, that said slave belonged to him, and that he had given Hard-esty a…
2Cited by10 opinions
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- Gillespie's Adm'r v. BurlesonSupreme Court of Alabama · 1856
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