Corley v. State
Supreme Court of Alabama
Pbom the Circuit Court of Bibb. Tried before the Hon. G-eo. D. Shortridge. INDICTMENT against Martha Corley, for trading with a slave, named Nat, alleged to be the property of one David Ward, without the consent of the master, owner, or overseer of said slave, verbally or in writing, expressing the article permitted to be sold, &c.
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Pbom the Circuit Court of Bibb. Tried before the Hon. G-eo. D. Shortridge. INDICTMENT against Martha Corley, for trading with a slave, named Nat, alleged to be the property of one David Ward, without the consent of the master, owner, or overseer of said slave, verbally or in writing, expressing the article permitted to be sold, &c. The defendant excepted to the rulings of the court on the trial, which are thus stated in the bill of exceptions : “ The solicitor, on the part of the State, proposed to prove, by general reputation, that the slave named in the indictment belonged to David Ward; to…
1Opinion of the CourtStone, J.
It is a general rule of law, that facts only can be given in evidence to the jury. — 1 G-reenleaf’s Ev. §§ 98, 99,100. This rule has its exceptions, but the ownership of property is not one of them. Whenever the pleadings present that issue, like all other facts it must be established by the best evidence which the nature of the question admits of. In the very nature of things, it is susceptible of better proof than general reputation. — Ib. § 82.
We are referred to the case of Tucker v. The State, 24 Ala. 77. Tucker was indicted for selling spirituous liquors to a free person of color. The…
2Cases cited3 opinions
- Moore v. StateSupreme Court of Alabama · 1848
- Brown v. Mayor of MobileSupreme Court of Alabama · 1853
- Tucker v. StateSupreme Court of Alabama · 1854
3Cited by7 opinions
- State v. OstranderSupreme Court of Iowa · 1865
- Boddie v. StateSupreme Court of Alabama · 1875
- Crane v. StateSupreme Court of Alabama · 1895
- Mosser v. Mosser'sSupreme Court of Alabama · 1858
- Osborn v. StateSupreme Court of Alabama · 1899
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