Francois v. State
Supreme Court of Alabama
Error to the City Court of Mobile. Tried before the Hon. Alex. McKinstry. The indictment is clearly defective in not averring the name of the slave, or in some other manner, designating the person, so that the particular slave traded with could be identified. “Without this, the defendant could not be apprised of the particular charge he was called on to answer. The necessity of this degree of certainty is laid down in all the text books, and in various adjudged cases.
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Error to the City Court of Mobile. Tried before the Hon. Alex. McKinstry. The indictment is clearly defective in not averring the name of the slave, or in some other manner, designating the person, so that the particular slave traded with could be identified. “Without this, the defendant could not be apprised of the particular charge he was called on to answer. The necessity of this degree of certainty is laid down in all the text books, and in various adjudged cases. See Archbold Cr. PI. 42-37 ; 2 Term Rep. 581; 2 Str. 1127; Show. 289; 1 Chitty 168,172, 211, 215, 227, 229; 1 R. &R. 489. The…
1Opinion of the CourtGrOLDTHWAITE, J.
The section of the penal law under which the defendant was indicted is in these words: “Every person who shall buy, sell, or receive from any slave any commodity, of any kind or description, without the leave or consent of the master, owner, or overseer of such slave, verbally or in writing, expressing the articles permitted to be sold or bartered, first obtained, shall, on conviction,” &c. Clay’s Dig. The indictment charges the defendant with selling "to a slave zuhose name is to the jurors imJcnovm, one gill of whisky, without the leave or consent,” &c.; and.the main question raised in this…
2Cited by12 opinions
- Foster v. StateSupreme Court of Alabama · 1864
- Edwards v. StateCourt of Criminal Appeals of Alabama · 1979
- Cheek v. StateSupreme Court of Alabama · 1862
- Tomlin v. StateCourt of Criminal Appeals of Alabama · 1979
- Brown v. Mayor of MobileSupreme Court of Alabama · 1853
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