Legal Opinion

Jordan v. State

Supreme Court of Alabama

Decided January 15, 1849PublishedCited by 4 opinions

Error to the Circuit Court of Lauderdale. Before the Hon. Thomas A. Walker. The plaintiff in error was indicted at the fall term, 1847, of the circuit court of Lauderdale, fer selling slaves without a license, under the act of 1846. On the trial, the defendant requested the court to charge the jury, that the 2d section of the act of 1846, under which he was indicted, was repealed by the act of 1848, and that the defendant could not be convicted.

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Error to the Circuit Court of Lauderdale. Before the Hon. Thomas A. Walker. The plaintiff in error was indicted at the fall term, 1847, of the circuit court of Lauderdale, fer selling slaves without a license, under the act of 1846. On the trial, the defendant requested the court to charge the jury, that the 2d section of the act of 1846, under which he was indicted, was repealed by the act of 1848, and that the defendant could not be convicted. This charge the court refused, but charged, that if the defendant sold the slave without a license, he was guilty, notwithstanding the act of 1848.…

1Opinion of the CourtDargan, J.

The defendant was indicted under the second section of the act of 1846, which provides, that every slave merchant, trader, dealer or broker, in slaves, before he shall be authorized ts sell any slave in any county of this state, shall procure from the clerk of the county court of said county, a license, for which he shall pay five dollars, on each slave he shall offer to sell, which license shall authorize him to sell such slaves, in any county in this state : and if any such merchant, trader, &c., shall sell any slave, without first obtaining such licence, he shall forfeit and pay three…

2Cases cited2 opinions

  1. Wyman v. CampbellSupreme Court of Alabama · 1838
  2. West v. PineU.S. Circuit Court for the District of New Jersey · 1827

3Cited by4 opinions

  1. State v. HouserSupreme Court of Missouri · 1858
  2. State v. HarpSupreme Court of Missouri · 1928
  3. Luke v. Calhoun CountySupreme Court of Alabama · 1876
  4. Burt v. StateCourt of Criminal Appeals of Alabama · 2013

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