Legal Opinion

Bob v. State

Tennessee Supreme Court

Decided August 15, 1826PublishedCited by 9 opinions

On the 25th May 1825, the defendant, (a negro slave, the property of William Patton,) was apprehended on a warrant issued by Thomas Eastland, Esq. a Justice of the Peace for White county. The charge against him was that he had murdered Hannah Shaddon and her child Malvina. The Sheriff was ordered to summon three Justices of the Peace, and a jury of slave holders, to try the defendant upon said charge.

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On the 25th May 1825, the defendant, (a negro slave, the property of William Patton,) was apprehended on a warrant issued by Thomas Eastland, Esq. a Justice of the Peace for White county. The charge against him was that he had murdered Hannah Shaddon and her child Malvina. The Sheriff was ordered to summon three Justices of the Peace, and a jury of slave holders, to try the defendant upon said charge. The sheriff returned that he had summoned Thomas Eastland, Warren Left-wick and Eli Lewis Esq’rs. and twelve jurors who were house-holders and slave-holders, who were accordingly sworn to try…

1Opinion of the CourtHaywood, J.

The first question is, whether the evidence upon which the verdict was founded, warrants that verdict; and without detailing that evidence, it is the opinion of a majority of the court, that it is not sufficient: Therefore, of course, the sentence of death which is founded upon the verdict, is an unjust and illegal sentence, and ought not to stand, if by law there is any means provided by which it can be set aside and avoided.

The next question is, whether the law has provided any such means. The maxim of the law is, that there is no wrong without a remedy; and it is a particular rule, that a…

2Cited by9 opinions

  1. Stephen Bernard Wlodarz v. State of TennesseeTennessee Supreme Court · 2012
  2. May v. CarltonTennessee Supreme Court · 2008
  3. State v. JohnsonTennessee Supreme Court · 1978
  4. Doster v. StateTennessee Supreme Court · 1953
  5. May v. CarltonTennessee Supreme Court · 2008

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