Allen v. State
Supreme Court of Georgia
Indictment, for murder, in Bibb Superior Court. Tried before Judge Stark, July Term, 1850. At the July Term, 1850, of Bibb Superior Court, Allen, a slave belonging to David Flanders, was put on his trial for the alleged murder, in said County, of Sam, a slave, the property of JohnB. Lamar.
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Indictment, for murder, in Bibb Superior Court. Tried before Judge Stark, July Term, 1850. At the July Term, 1850, of Bibb Superior Court, Allen, a slave belonging to David Flanders, was put on his trial for the alleged murder, in said County, of Sam, a slave, the property of JohnB. Lamar. In the progress of the trial, it appearing from the testimony of one of the witnesses, that the homicide was committed during the then session of the Superior Court, defendant, by his counsel, objected to the farther progress of the cause, and moved the Court for a verdict, on the grounds— 1st. Because…
1Opinion of the Court
By the Court.
Nisbet, J.
delivering the opinion.
[1.] In the case of Anthony, a slave, vs. the State of Georgia, decided at Savannah in January last, this Court held, that in the prosecution of a slave under the Act of 1850, it was not necessary to set forth, in the bill of indictment, the opinion of the ■committing Magistrates, that the slave charged was guilty of a ■capital offence, and the other papers appertaining to the charge; and that it was not necessary to prove them on the trial. We there held that the requirement of the Statute that they should be transmitted to the Solicitor or Alt.…
2Cited by3 opinions
- Miller v. StateCourt of Appeals of Georgia · 1988
- Haselhuhn v. Macomb Circuit CourtMichigan Supreme Court · 1918
- Miller v. StateCourt of Appeals of Georgia · 1988