McElhaney v. State
Supreme Court of Alabama
Appeal from the City Court of Mobile. Tried before the Hon. Alex. McKinstry. 1. The indictment charged that the defendant “harbored and concealed” the slave. The charge of concealing was a substantive, descriptive, material one, and ought to have been proved as laid. — Roscoe’s Crim.
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Appeal from the City Court of Mobile. Tried before the Hon. Alex. McKinstry. 1. The indictment charged that the defendant “harbored and concealed” the slave. The charge of concealing was a substantive, descriptive, material one, and ought to have been proved as laid. — Roscoe’s Crim. Ev. 107, 109. But the proof showed that the slave was not concealed, but was “frequently in the street, so that McElhaney’s neighbors often saw her out and about, and she seemed to come and go as she pleased” : the evidence, therefore, did not sustain the allegation. 2. The second part of the charge was abstract:…
1Opinion of the CourtChilton, C. J.
The appellant was indicted under the fourteenth section of the fourth chapter of the Penal Code, which is as follows : “ Every person who shall hereafter harbor or conceal any runaway slave or slaves, or fugitives from their masters, or other person having charge of them, knowing that they aro such, such person, so offending, shall, on conviction, be fined not less than one hundred dollars, and not more than one thousand dollars, or be imprisoned in the penitentiary not more than two years, at tho discretion of the jury trying the same.”
The court charged the jury, that they must be satisfied…
2Cases cited2 opinions
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3Cited by10 opinions
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- Aaron v. StateSupreme Court of Alabama · 1866
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