Ben v. State
Supreme Court of Alabama
Feoji the Circuit Court of Baldwin. Tried before the Hon. 0. W.'Rapier. The prisoner in this case, a slave, was indicted for the murder of another slave, and pleaded not guilty to the indictment. “ On the trial,” as the bill of exceptions states, “during the opening examination of the witnesses for the prosecution, the State proposed to prove the good character of the deceased, as a peaceable, well-behaved negro.
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Feoji the Circuit Court of Baldwin. Tried before the Hon. 0. W.'Rapier. The prisoner in this case, a slave, was indicted for the murder of another slave, and pleaded not guilty to the indictment. “ On the trial,” as the bill of exceptions states, “during the opening examination of the witnesses for the prosecution, the State proposed to prove the good character of the deceased, as a peaceable, well-behaved negro. The prisoner objected to this evidence; but the court overruled the objection, and allowed the evidence ; and the State thereupon proved, that the deceased was a person of good…
1Opinion of the CourtA. J. Walker, C. J.
It has been decided in this State, that the bad character of the deceased is competent evidence for the accused, where the circumstances are such that they would be illustrated by such character. The reason upon which that decision rests, is, that the slayer *105must be reasonably presumed to act upon the circumstances surrounding him, as they are colored by the bad character of the deceased; and that, therefore, it is but just to the accused that the jury should know that character. We do not think that this reasoning requires us to hold, that the State may go into evidence of',the peaceable…
2Cases cited4 opinions
- Dukes v. StateIndiana Supreme Court · 1859
- Franklin v. StateSupreme Court of Alabama · 1856
- Mose v. StateSupreme Court of Alabama · 1860
- Kibble v. ButlerMississippi Supreme Court · 1854
3Cited by21 opinions
- Lipscomb v. StateMississippi Supreme Court · 1897
- State v. EddonWashington Supreme Court · 1894
- Reynolds v. StateSupreme Court of Alabama · 1881
- State v. PotterSupreme Court of Kansas · 1874
- State v. DraperSupreme Court of Missouri · 1877
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