Seaborn v. State
Supreme Court of Alabama
ERROR to tbe Circuit Court of Macon. Tried before tbe Hon. E. Pickens. Tbe plaintiffs in error, wbo were slaves, were indicted for tbe murder of another slave. They demurred to tbe indictment, and their demurrer being overruled, they pleaded “not guilty.”
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ERROR to tbe Circuit Court of Macon. Tried before tbe Hon. E. Pickens. Tbe plaintiffs in error, wbo were slaves, were indicted for tbe murder of another slave. They demurred to tbe indictment, and their demurrer being overruled, they pleaded “not guilty.” Tbe committing magistrate was examined as a witness on tbe part of tbe State; and be testified, “ that when be reached tbe place where tbe examination took place, there\ were several gentlemen there; that tbe two prisoners were sitting down, each chained with a padlock around bis neck, and that they looked quite melancholy; that tbe owner of…
1Opinion of the CourtChilton, J.
-1. The demurrer to this indictment was properly overruled, and the ground upon which it is questioned, namely, that a slave cannot be convicted of murder for killing a slave, is opposed to the statute, which declares that every slave who shall be guilty of murder, &c., shall suffer death. — Clay’s Dig. 472, § 2. That murder may be committed in the homicide of a slave, is not questioned; and here the general term, “murder,” is used without regard to whether the person murdered was a freeman or slave.
2. That the sentence was to be executed after the expiration of twenty days from the time of…
2Cases cited1 opinion
- State v. ClarissaSupreme Court of Alabama · 1847
3Cited by14 opinions
- Levison v. StateSupreme Court of Alabama · 1875
- Curry v. StateSupreme Court of Alabama · 1919
- Hall v. StateSupreme Court of Alabama · 1901
- Aaron v. StateSupreme Court of Alabama · 1861
- Garrett v. StateSupreme Court of Alabama · 1979
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