Nancy v. State
Supreme Court of Alabama
Writ of error to the Circuit Court of Montgomery county. The indictment is against a slave for an assault with intent to kill and murder Mary Beasley, a white person.
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Writ of error to the Circuit Court of Montgomery county. The indictment is against a slave for an assault with intent to kill and murder Mary Beasley, a white person. The record of the trial and verdict is in these words, “whereupon came a jury, to wit: (here'follows the names of twelve jurors) two thirds of whom being slave holders, who being elected, tried and sworn, well and truly to try, and a true deliverance to make, between the State of Alabama and the prisoner, Nancy, upon their oath do say, we find the said prisoner guilty of an assault, with intent to kill.” It is, therefore,…
1Opinion of the CourtGoldthwaite, J.
It is urged by the prisoner’s counsel, that this conviction cannot be sustained. 1. Because the whole issue submitted to the jury, has not been responded to.— 2. That the verdict is too inconclusive and uncertain to warrant any sentence. 3. Because the finding of the jury is for a different offence from that charged.
1. We shall consider these questions in the manner in which they are presented; and first, as to the objection that the jury has not responded to the entire issue submitted to them. We think the necessary intendment of this finding, is, that the prisoner is not guilty of an…
2Cited by14 opinions
- Henry v. StateSupreme Court of Alabama · 1859
- Bell & Murray v. StateSupreme Court of Alabama · 1872
- Clifton v. StateSupreme Court of Alabama · 1883
- State v. WatersSupreme Judicial Court of Maine · 1854
- Berry v. StateSupreme Court of Alabama · 1880
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