Ben v. State
Supreme Court of Alabama
Eeros to the Circuit Court of Pickens. Tried before the Hon. TueNer Reavis. This was an iudictment against the plaintiff in error, a slave, for attempting to administer poison to white persons.
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Eeros to the Circuit Court of Pickens. Tried before the Hon. TueNer Reavis. This was an iudictment against the plaintiff in error, a slave, for attempting to administer poison to white persons. The indictment, after the usual caption, charges, that the said Ben, a on the of thousand eight hundred and fifty-one, in the county of Pick-ens in the State of Alabama, “feloniously, wilfully, and of his malice aforethought, did administer to, and cause to be administered to and taken by one George McKinney, Margaret A. McKinney and one Nancy Herndon, then and there being free white persons, a large…
1Opinion of the CourtChilton, C. J.
1. It is contended by the counsel for the prisoner, that the indictment in this case is bad, because it charges the commission of several offences in one count— as, 1st. That the prisoner administered the poison to the persons named; 2d. That he caused the same to be administered ; and 3. That he administered and caused it to be administered to three individuals. We have examined these objections to the indictment with much care, and are constrained to hold that they are not well taken. It is certainly true, that an indictment must not be double; that is, the defendant must not be charged…
2Cases cited4 opinions
- State v. BullockSupreme Court of Alabama · 1848
- Beasley v. StateSupreme Court of Alabama · 1851
- State v. ClarissaSupreme Court of Alabama · 1847
- Mooney v. StateSupreme Court of Alabama · 1845
3Cited by39 opinions
- Clem v. StateIndiana Supreme Court · 1873
- State v. ColgateSupreme Court of Kansas · 1884
- Hurst v. StateSupreme Court of Alabama · 1888
- Moundsville v. FountainWest Virginia Supreme Court · 1885
- State v. ClarkOregon Supreme Court · 1905
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