Murphy v. State
Mississippi Supreme Court
Error to Madison circuit court. IIeniíy, J. Tbe plaintiff in error was indicted under the law approved March 6th, 1850, entitled, “ An act to suppress trade and barter with slaves, and for other purposes.”
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Error to Madison circuit court. IIeniíy, J. Tbe plaintiff in error was indicted under the law approved March 6th, 1850, entitled, “ An act to suppress trade and barter with slaves, and for other purposes.” The indictment was found at the October term of the court below, 1854, and avers, “that Daniel W. Murphy, late of the county aforesaid, yeoman, on the 18th day of April, A. d., 1854, with force and arms at the county aforesaid, unlawfully, did then and there sell spirituous liquors, namely, whisky, rum, gin and brandy, to a certain slave named Allen, owned by Robert Love, without the…
1Opinion of the Court
Smith, C. J.:
The plaintiff in error was indicted and convicted under the act of the 6th of March, 1850, “ to suppress trade and barter with slaves.”
Several exceptions are now urged to the validity of the judgment.
■ 1. It is insisted that the court below erred in overruling the motion in arrest of judgment. The reason assigned in support of that motion, denies the constitutionality of the act, under which the indictment was framed.
The same objection was made in Murphy v. The State, 24 Miss. R., 590. In that case, the question arose on a motion to quash the indictment, which was framed under…
2Cases cited2 opinions
- Murphy v. StateCourt of Appeals of Mississippi · 1852
- Swinney v. StateMississippi Supreme Court · 1872
3Cited by9 opinions
- State v. DukeTexas Supreme Court · 1874
- State v. SchnelleWest Virginia Supreme Court · 1884
- Riley v. StateMississippi Supreme Court · 1871
- Baker v. StateMississippi Supreme Court · 1980
- Lea v. StateMississippi Supreme Court · 1886
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