State v. Phil
Supreme Court of Alabama
At the March term 1825, of the Circuit Court of Tuscaloosa county, Phil, a slave, was indicted and found guilty of an assault, with an intent to commit a rape. The judgement was arrested. At October term, 1825, an indictment for the same offence, charging the assault to have been on a free white woman, was returned a true bill.
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At the March term 1825, of the Circuit Court of Tuscaloosa county, Phil, a slave, was indicted and found guilty of an assault, with an intent to commit a rape. The judgement was arrested. At October term, 1825, an indictment for the same offence, charging the assault to have been on a free white woman, was returned a true bill. The venue was changed to the Circuit Court of Bibb county, in which Court, at November term, 1825, the prisoner plead a former acquittal; and secondly, a former conviction for the same offence; and both these pleas, on the demurrer of the attorney general, were…
1Opinion of the Court
JUDGE GAYLE
delivered the opinion of the Court.
The questions presented for the consideration of this Court are: Was the first trial a bar to the second indictment, and should the prisoner have been discharged at the second stated term of the Court, the trial not having been delayed at his instance.
As to the first question, the indictment was held not to contain such a charge as would authorize any punishment to be inflicted. It was adjudged ill on the application and for the benefit of the prisoner, and he cannot now say that the judgement was arrested contrary to law. The second indictment…
2Cited by7 opinions
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