Spivey v. State
Supreme Court of Alabama
Appeal from the City Court of Mobile. Tried before the Hon. Ales. McKinstry. The indictment in this case was found at the Juneterm, 1854, and charged, “that William H . Spivey inveigled, stole, carried or enticed away a slave named Joe, the property of Jo-sepb H. Skinner and George W. Skinner, with the intent to convert said slave to his own use.” The defendant pleaded not guilty, was. tried, convicted, apd sentenced to the penitentiary for five years.
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Appeal from the City Court of Mobile. Tried before the Hon. Ales. McKinstry. The indictment in this case was found at the Juneterm, 1854, and charged, “that William H . Spivey inveigled, stole, carried or enticed away a slave named Joe, the property of Jo-sepb H. Skinner and George W. Skinner, with the intent to convert said slave to his own use.” The defendant pleaded not guilty, was. tried, convicted, apd sentenced to the penitentiary for five years. During the progress of the trial he excepted to several rulings of the court, which are set out in the following bill of exceptions: “ On the…
1Opinion of the CourtRice, J.
— To constitute the offence of larceny, according to the common law, there must be a talcing from the possession, a carrying away against the will of the owner, and a felonious intent to convert the thing taken to the offender’s use. — 3 Chitty’s Or. Law 917.
According to section 3130 of the Code, “ any person who inveigles, steals, carries, or entices away any slave, with intent to convert such slave to his own use, or the use of another, or to enable such slave to reach a state or country where he would enjoy his freedom, must, on conviction, be imprisoned in the penitentiary not less than…
2Cases cited6 opinions
- Oliver v. StateSupreme Court of Alabama · 1850
- McBride v. ThompsonSupreme Court of Alabama · 1845
- Mooney v. StateSupreme Court of Alabama · 1845
- Long v. RogersSupreme Court of Alabama · 1850
- State v. MilesSupreme Court of South Carolina · 1819
1 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Henderson v. StateSupreme Court of Alabama · 1881
- McMullen v. StateSupreme Court of Alabama · 1875
- Lehman, Durr & Co. v. MarshallSupreme Court of Alabama · 1872
- Lewis v. StateAlabama Court of Appeals · 1963
- Rountree v. StateSupreme Court of Alabama · 1877
18 more not listed; retrieve them via the Exa API.