Brister v. State
Supreme Court of Alabama
Error from the Circuit Court of Bibb. Tried before the Hon. Andrew B. Moore, At the Spring term, 1853, of the Circuit Court of Perry, an indictment for the murder of one John Rickard was found against the following named slaves, viz., Wash, George, Collins, Brister, Ctesar, Jeff, Bill, John Rodgers, Jerry, John Wallace, and Archer ; the indictment charging that Wash struck the mortal blow.
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Error from the Circuit Court of Bibb. Tried before the Hon. Andrew B. Moore, At the Spring term, 1853, of the Circuit Court of Perry, an indictment for the murder of one John Rickard was found against the following named slaves, viz., Wash, George, Collins, Brister, Ctesar, Jeff, Bill, John Rodgers, Jerry, John Wallace, and Archer ; the indictment charging that Wash struck the mortal blow. At the same term of the court, a nolle pros, was entered as to the defendant Jerry; the defendants John Wallace, Wash and George were tried, convicted, and sentenced to death ; and the cause was continued…
1Opinion of the CourtRice, J.
— The indictment is for a capital offence, and was found in the Circuit Court of Perry, against the plaintiffs in error and divers other slaves. The trial of the plaintiffs in error, on their application, was removed to the Circuit Court of Bibb, under the provisions of sections 3608 to 3616 inclusive of the Code. These plaintiffs have been in actual confinement ever since the indictment was found. When they were brought into the Circuit Court of Bibb for trial, they objected to going to trial, “ on the ground that a copy of the indictment had not been served on them or their counsel two…
2Cases cited8 opinions
- Johnson v. StateSupreme Court of Alabama · 1850
- Lawson v. StateSupreme Court of Alabama · 1852
- Carroll v. StateSupreme Court of Alabama · 1853
- State v. HughesSupreme Court of Alabama · 1841
- Morris v. StateSupreme Court of Alabama · 1854
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3Cited by88 opinions
- Clyde L. Schaffer and James H. Devenny v. United StatesCourt of Appeals for the Fifth Circuit · 1955
- Levison v. StateSupreme Court of Alabama · 1875
- State v. CrankUtah Supreme Court · 1943
- Leith v. StateSupreme Court of Alabama · 1921
- Shields v. StateSupreme Court of Alabama · 1893
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