Legal Opinion

Murphy v. State

Court of Appeals of Mississippi

Decided October 15, 1852PublishedCited by 22 opinions

In error from the circuit court of Madison county; Hon. Robert C. Perry, judge. The indictments in these cases were found for violations of the act of the legislature of the 6th of March, 1850, “ to suppress trade and barter with slaves.”

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In error from the circuit court of Madison county; Hon. Robert C. Perry, judge. The indictments in these cases were found for violations of the act of the legislature of the 6th of March, 1850, “ to suppress trade and barter with slaves.” In the two cases against Murphy, the indictments charged, “ that Daniel W. Murphy, late of the county of Madison aforesaid, on the first day of October, A. D. 185 L, at the county of Madison aforesaid, did then and there unlawfully sell spirituous liquors to a slave, without the consent in writing of the master, owner, or overseer of said slave.” The…

1Opinion of the CourtJustice Yerger

The defendant was indicted in the circuit court of Madison county under the act of 6th 'March, 1850, “ to suppress trade and barter with slaves.”

The first section of the act declares, “ that any person who shall buy, sell, or receive of, to, or from any slave or slaves, any corn-fodder, hay, meal, spirituous liquors, or other produce or commodity whatsoever, without the consent in writing of the master, owner, overseer, or employer of such slave or slaves, shall be held guilty of a high misdemeanor,” &c.

By the second section it is enacted, that in indictments for the offences named in the…

2Cited by22 opinions

  1. Henry v. StateSupreme Court of Alabama · 1859
  2. State v. HaywardSupreme Court of Missouri · 1884
  3. State v. SchnelleWest Virginia Supreme Court · 1884
  4. State v. TerrySupreme Court of Missouri · 1891
  5. West v. PeopleIllinois Supreme Court · 1891

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