State v. Newman
Supreme Court of Alabama
On points reserved by the Circuit Court of Lowndes as novel and difficult. The defendants were indicted for selling to a slave one yard of cotton cloth, without the consent of his master, &c. At the trial there was proof tending to show that the defendants delivered to the slave a whole piece of cloth.
Read the full summary
On points reserved by the Circuit Court of Lowndes as novel and difficult. The defendants were indicted for selling to a slave one yard of cotton cloth, without the consent of his master, &c. At the trial there was proof tending to show that the defendants delivered to the slave a whole piece of cloth. They asked the Court to charge the jury, unless they were convinced from the evidence that the cloth sold was “ cotton cloth,” as charged in the indictment, they could not find the defendants guilty. This was refused, and the jury was instructed that it did not matter what species of cloth was…
1Opinion of the Court
GOLDTHWAITE, J.'
— 1. We do not think that the cases cited have any direct application to that before us, In-prosecutions for larceny, the identical thing alledged to be stolen constitutes the gist of the offence, and therefore no latitude can be indulged in the description. Another reason in such cases is, that the indictment must be sufficiently certain in description to convict the defendant if he is subsequently prosecuted for the same offence. [State v. Murphy, at this term.] Under the statute upon which the prosecution is founded the of-fence is the trading with the slave for any…
2Cases cited1 opinion
- State v. MarlerSupreme Court of Alabama · 1841
3Cited by5 opinions
- Mose v. StateSupreme Court of Alabama · 1860
- State v. GritznerSupreme Court of Missouri · 1896
- Elmore v. StateSupreme Court of Alabama · 1890
- Williams v. StateSupreme Court of Alabama · 1872
- Faulk v. StateSupreme Court of Alabama · 1874