Legal Opinion

Slave v. State

Supreme Court of Florida

Decided July 1, 1853PublishedCited by 6 opinions

Error to the Circuit Court of St. John’s County. This was an indictment found by the Grand Jury of St, John’s County against Luke, a slave, for maliciously wounding animals.

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Error to the Circuit Court of St. John’s County. This was an indictment found by the Grand Jury of St, John’s County against Luke, a slave, for maliciously wounding animals. The following statement of facts was agreed upon by the solicitor for the State and the Counsel for the prisoner, viz-; “ That a negro driver of Joseph M. Hernandez, in search- “ ing for certain stray mules, the property of his said mas- “ ter, found one of his said mules dead upon the road leading from his master’s plantation to the plantation of “ Abraham Dupont, and two others badly injured with “ gun shot wounds, of…

1Opinion of the Court

THOMPSON, J.:

Two questions are presented by this record for the consideration of the Court. The appellant, Luke, was indicted under the Act of-1832, for malicious mischief, in killing sundry mules, the property of Joseph M. Hernandez.

The only evidence ¿gainst the prisoner, as appears by the bill of exceptions, was his own admission, that he had killed the cattle by the direction and command of his master, because of their having trespassed upon the plantation of the latter. Upon this evidence, the counsel for the prisoner prayed the instruction of the Court below to the jury —that the…

2Cited by6 opinions

  1. Stewart v. DeLand-Lake Helen Special Road & Bridge DistrictSupreme Court of Florida · 1916
  2. Sparkman v. State ex rel. Bank of Ybor CitySupreme Court of Florida · 1916
  3. State v. Southern Land & Timber Co.Supreme Court of Florida · 1903
  4. In Re Wade, Suratorship Wade v. JanneySupreme Court of Florida · 1942
  5. Marinelli v. WeaverDistrict Court of Appeal of Florida · 1968

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