Huey v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Madison. Tried before the Hon. William M. Brooks. The indictment in this case charged, that the defendant “ did sell, give, or deliver, to a slave named Joe, the property of Mrs. Kavanaugh, vinous or spirituous liquor, without an order in writing, signed by the overseer or master of such slave, specifying the quantity to be sold, given or delivered.”
Read the full summary
Appeal from the Circuit Court of Madison. Tried before the Hon. William M. Brooks. The indictment in this case charged, that the defendant “ did sell, give, or deliver, to a slave named Joe, the property of Mrs. Kavanaugh, vinous or spirituous liquor, without an order in writing, signed by the overseer or master of such slave, specifying the quantity to be sold, given or delivered.” “ On the trial,” as the bill of exceptions states, “ the State introduced a witness, who testified, that during Christmas week, 1856, he saw a slave, Joe by name, the property of Mrs. Kavanaugh, going by night…
1Opinion of the CourtStone, J.
— Section 3286 of the Code reads as follows: “Upon the trial of indictments under the preceding and section 3283, evidence that the slave was seen, in the night time, or on Sunday, going into a place where spirituous or vinous liquors or merchandise are sold, with an article of traffic, and coming out without the same; or that such slave was seen at such time, or on such day, immediately after coming out of such place, in possession of spirituous or vinous liquor, or merchandise of any kind, is presumptive evidence of the guilt of the defendant.”
It is contended for the plaintiff' in error,…
2Cases cited4 opinions
- Moore v. StateSupreme Court of Alabama · 1849
- Spaight v. StateSupreme Court of Alabama · 1856
- Mangham v. Cox & WaringSupreme Court of Alabama · 1856
- Frankenheimer v. SlocumSupreme Court of Alabama · 1854