Commonwealth v. Stout
Court of Appeals of Kentucky
Error to the Jefferson Circuit. InDTCTM-ENT. r, /*o Case 63. Case stated, It is necessary, in an indictment under the statute of 1840, (3 StaL Laws, 225,) for removing or attempting to remove any person of color having a suit depend'g for freedom, to aver that the defendant had knowledge of the pendency of such suit. Where the state, poent of an act itself necessarily includes a knowledge of the Illegality Of Uhe act, no averment of bad intent is cessary.
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Error to the Jefferson Circuit. InDTCTM-ENT. r, /*o Case 63. Case stated, It is necessary, in an indictment under the statute of 1840, (3 StaL Laws, 225,) for removing or attempting to remove any person of color having a suit depend'g for freedom, to aver that the defendant had knowledge of the pendency of such suit. Where the state, poent of an act itself necessarily includes a knowledge of the Illegality Of Uhe act, no averment of bad intent is cessary. (L-CAit. 242.) Stating an of-fence in the words of the statute is not sufficient, unless every factneoessary to constitute the offence is…
1Opinion of the Court
-¿Judge Simpson
delivered the opinion of the Court.
In 1840 an act was passed to amend the laws regulating civil proceedings, and for other purposes, which contains a section, subjecting to a fine of not less than $500, ■nor more than $2,000, any person or persons, who shall ■remove, or attempt to remove from this Commonwealth, ■any person of color, having a suit pending for freedom in any of the Courts of this Commonwealth.
The indictment in this case was found under this statute, and charges that the defendants attempted to remove from the Commonwealth of Kentucky, Nancy, a person ■of color,…
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