State v. Flanigin
Supreme Court of Alabama
The prisoner was indicted in the circuit court of Jackson, for the murder of a negro man, a slave, named Jacob. The indictment contains four counts drawn in the usual form, all alleging the death to have been occasioned by whipping and striking; in the first, the slave is alleged to have been the property of Joel H. Ohambless; in the second, of persons unknown; in the third, of a person unknown; and in the fourth of Joel H. Chambless as trustee for Salina Glascock and her…
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The prisoner was indicted in the circuit court of Jackson, for the murder of a negro man, a slave, named Jacob. The indictment contains four counts drawn in the usual form, all alleging the death to have been occasioned by whipping and striking; in the first, the slave is alleged to have been the property of Joel H. Ohambless; in the second, of persons unknown; in the third, of a person unknown; and in the fourth of Joel H. Chambless as trustee for Salina Glascock and her children. It is stated in a paper purporting to be a bill of exceptions, that all the evidence adduced on the trial, which…
1Opinion of the CourtCollier, C. J.
The counsel for the prisoner has made several points, but we think the charge of the court excepted to, *480and which has been referred to this coui’t for revision, raises only-one question. We are not to inquire into the sufficiency of the evidence to warrant the conviction, nor are we to speculate about the correctness of the other instructions to the jury, of which the bill of exceptions does not inform us. The single question is, will an indictment for murder, framed as at common law, but concluding against the form of the statute, warrant a conviction for the offences described in the fifth…
2Cases cited3 opinions
- White v. CommonwealthSupreme Court of Pennsylvania · 1813
- Commonwealth v. SearleSupreme Court of Pennsylvania · 1810
- Fuller v. StateIndiana Supreme Court · 1820
3Cited by4 opinions
- Henry v. StateSupreme Court of Alabama · 1859
- State v. RobeyNevada Supreme Court · 1873
- Bob v. StateSupreme Court of Alabama · 1856
- Hudson v. StateSupreme Court of Alabama · 1859