Eskridge v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Sumter. Tried before the Hon. Alex. B. Clitheeall. Richard M. Eskridg-e, the appellant, was indicted at the Spring term, 1854, of the Circuit Court of Sumter, for disabling a leg of a slave named. Maria, alleged to be “ the property of Mrs. Eskridge,” by shooting her in the leg with a shot gun, and was convicted.
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Appeal from the Circuit Court of Sumter. Tried before the Hon. Alex. B. Clitheeall. Richard M. Eskridg-e, the appellant, was indicted at the Spring term, 1854, of the Circuit Court of Sumter, for disabling a leg of a slave named. Maria, alleged to be “ the property of Mrs. Eskridge,” by shooting her in the leg with a shot gun, and was convicted. The principal evidence against him consisted of his own confessions, as testified to by the physicians who amputated the limb of the slave. No question was raised in the court below as to the admissibility of the evidence; the only questions reserved…
1Opinion of the Court
CHILTON, C. J. —
1. We were at first inclined to doubt whether the statute defining the crime of mayhem (Code, § 3105) extended to the disabling of slaves, as ordinarily they are not to be considered as embraced in statutes unless specially named • but upon an examination of the constitutional provision relating to the subject, we feel satisfied that they are included. That declares, that “Any person who shall maliciously dismember or deprive a slave of life, shall suffer such punishment as would be inflicted in case the like offence had been committed on a free white person, and on the like…
2Cited by40 opinions
- Cooper Manufacturing Co. v. FergusonSupreme Court of the United States · 1885
- Callahan v. StateCourt of Criminal Appeals of Alabama · 1989
- McCleary v. StateCourt of Appeals of Maryland · 1914
- Redwine v. StateSupreme Court of Alabama · 1952
- Bedingfield v. StateCourt of Criminal Appeals of Alabama · 1972
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