Schwartz v. State
Supreme Court of Alabama
Feobi the Circuit Court of Montgomery- Tried before the Hon. S. D. Hale. The indictment in this case was founded upon the act of February 6, 1858, entitled “ An act to prevent nuisances and illegal trafficking with slaves,” which is in the following words: “ SectioN 1. JBe it enacted,” &c., “ That the keeping of every bouse in this State, where spirituous liquors are sold, retailed, or given away, 'and which slaves or free persons of color habitually visit, assemble, or stop…
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Feobi the Circuit Court of Montgomery- Tried before the Hon. S. D. Hale. The indictment in this case was founded upon the act of February 6, 1858, entitled “ An act to prevent nuisances and illegal trafficking with slaves,” which is in the following words: “ SectioN 1. JBe it enacted,” &c., “ That the keeping of every bouse in this State, where spirituous liquors are sold, retailed, or given away, 'and which slaves or free persons of color habitually visit, assemble, or stop at, or loiter about, is hereby declared to be-a public nuisance"; provided, the general ¡reputation of such house, or…
1Opinion of the CourtStone, J.
The statute which we are to construe in this case, had for its object the correction of an evil which exists in every slaveholding community, namely, illegal traffick with slaves. The arts and devices of petty traders have generally been such as to elude our penal enactments; and, consequently, slaves have continued to be demoralized, by having held out to them incentives to theft, that they may thereby procure the means of gratifying a corrupted and corrupting appetite. The object of the present enactment was, to reach and prevent the offense, which can rarely be proved because of its…
2Cases cited3 opinions
- Noles v. StateSupreme Court of Alabama · 1854
- Jordan v. OwenSupreme Court of Alabama · 1855
- Erwin v. HamnerSupreme Court of Alabama · 1855
3Cited by8 opinions
- Doss v. StateSupreme Court of Alabama · 1929
- Powell v. StateSupreme Court of Alabama · 1932
- Jinright v. StateSupreme Court of Alabama · 1929
- Patterson v. StateSupreme Court of Alabama · 1932
- Weems v. StateSupreme Court of Alabama · 1932
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