State v. Duncan
Supreme Court of Alabama
Error to the Circuit court of Pike county. Indictment for concealing a slave, charged with capital offence — tried by Crenshaio, J. The defendant was indicted in the Circuit court of Pike, in two several counts.
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Error to the Circuit court of Pike county. Indictment for concealing a slave, charged with capital offence — tried by Crenshaio, J. The defendant was indicted in the Circuit court of Pike, in two several counts. The first charged him with concealing “Ned, a slave, the property of him the said Isaac Duncan, so th,at he cannot be brought to condign punishment — the said Ned being then charged with a capital crime, to wit, with the crime of having committed an assault and battery with intent to kill, on the person of Archibald J. More, a white person, contrary to the form of the statute,” &c. ’…
1Opinion of the CourtCollier, C. J.
The section of the statute on which this indictment is founded, is as follows:
“ If the owner, or any other person having charge or government of any slave, who shall be charged with any capital crime, shall conceal or carry away any such slave, so that he or she cannot be brought to condign *262punishment, every owner or other person so offending-, shall forfeit the sum of five hundred dollars.”
Where a statute is introducjtive of a new offence, and prescribes its constituents without reference to any thing else — in an indictment founded upon it, it is sufficient to describe the offence in the…
2Cases cited1 opinion
- Livermore v. BagleyMassachusetts Supreme Judicial Court · 1807
3Cited by9 opinions
- Sparrenberger v. StateSupreme Court of Alabama · 1875
- Sarah v. StateMississippi Supreme Court · 1872
- Ex Parte StollenwerckSupreme Court of Alabama · 1918
- Duin v. StateSupreme Court of Alabama · 1972
- Eubanks v. StateSupreme Court of Alabama · 1850
4 more not listed; retrieve them via the Exa API.