Phereby v. State
Supreme Court of Alabama
Error to- the Circuit Court of Fayette. Tried before the Hon. Geo. Goldthwaite. The plaintiff in error was indicted for the murder of Elizabeth Sheppard, and was described in the indictment as her property.
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Error to- the Circuit Court of Fayette. Tried before the Hon. Geo. Goldthwaite. The plaintiff in error was indicted for the murder of Elizabeth Sheppard, and was described in the indictment as her property. On the trial, the State proved that the plaintiff was the property of said Elizabeth Sheppard at the time of her death, but made no proof of property in any person since.— The prisoner’s counsel requested the court to charge the jury, “ thaTünless a property in the prisoner, at the time of the finding of the indictment, was proved, the jury must acquit the prisoner,” which charge the court…
1Opinion of the CourtDargan, C. J.
The case of Flora v. The State, 4 Port. 111, is precisely in point, and compels us to reverse the judgment of the Circuit Court, unless we overrule the decision in that case. A majority of the court, however, think that we should be governed by the authority of that case, and I am therefore instructed to reverse the judgment of the Circuit Court. My own opinion, however, is that the judgment should be affirmed. All that need be alleged in an indictment against a slave, is the crime with which he is charged and his. status or condition. I do not think it necessary, that the indictment should…
2Cases cited1 opinion
- Flora v. StateSupreme Court of Alabama · 1836
3Cited by2 opinions
- Pleasant v. StateSupreme Court of Alabama · 1850
- Burt v. StateSupreme Court of Alabama · 1866