Mooney v. State
Supreme Court of Alabama
Error to the Circuit Court of Montgomery. The indictment charged, that the prisoner, and two others, “did unlawfully, and feloniously, inveigle, steal, carry and entice away, two negro slaves, the property of Francis M. Barnett, with a view, then and there, feloniously and unlawfully, to convert the said slaves to the use of them, the said Henderson Brewer, James McKowen, and John, alias Jack Mooney.”
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Error to the Circuit Court of Montgomery. The indictment charged, that the prisoner, and two others, “did unlawfully, and feloniously, inveigle, steal, carry and entice away, two negro slaves, the property of Francis M. Barnett, with a view, then and there, feloniously and unlawfully, to convert the said slaves to the use of them, the said Henderson Brewer, James McKowen, and John, alias Jack Mooney.” The prisoner demurred to the indictment, and his demurrer being overruled, pleaded not guilty. Upon the trial, as appears from a bill of exceptions, the State offered evidence, tending to prove,…
1Opinion of the CourtOrmond, J.
The objection urged against the indictment, is, that it charges several .distinct, substantive offences. The language of the act is, “Every person who shall inveigle, steal, carry or entice away, any such slave, with a view to convert such slave to his own use, or the use of any other person, or to enable such slave to reach some other State, or country, where such slave may enjoy freedom, such person shall, on conviction, be punished by confinement in the Penitentiary, not less than ten years.” [Clay’s Dig. 419, § 18.] There does not appear to be any tangible, or substantial distinction,…
2Cases cited1 opinion
- State v. HawkinsSupreme Court of Alabama · 1839
3Cited by14 opinions
- Ben v. StateSupreme Court of Alabama · 1853
- Porter & Co. v. StateSupreme Court of Alabama · 1877
- Spivey v. StateSupreme Court of Alabama · 1855
- Cheek v. StateSupreme Court of Alabama · 1862
- Sampson v. StateSupreme Court of Alabama · 1894
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