Legal Opinion

Brooks v. State

Supreme Court of Alabama

Decided January 15, 1857PublishedCited by 2 opinions

Ee,om the City Court of Mob ile. Tried before the Hon. Alex. MoKjNSiey. The indictment in this case charged, that Augustas Brooks, “being a negro-trader, broker, or agent for the sale of slaves, sold, offered, or exposed for sale a slave named Rufus, the property of Jason Ii. Cai’son, without a license, and contrary to law.”

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Ee,om the City Court of Mob ile. Tried before the Hon. Alex. MoKjNSiey. The indictment in this case charged, that Augustas Brooks, “being a negro-trader, broker, or agent for the sale of slaves, sold, offered, or exposed for sale a slave named Rufus, the property of Jason Ii. Cai’son, without a license, and contrary to law.” On the trial, as the bill of exceptions states, “the State introduced the defendant’s clerk as a witness, who testified, that the defendant was an auctioneer, doing a general business, and selling real estate, slaves, furniture, and whatever was sent to him for sale; that…

1Opinion of the CourtStone, J.

¥e propose to determine the construction of section 397 of the Code, subdivision 17, and the effect of the act amendatory thereof, approved February 7th, 1856 ; and afterwards, to apply the law to the facts of this record.

Section 397 fixes the prices of licenses to conduct various descriptions of business, from which revenue is proposed to be derived. Subdivision. 17 relates to negro-traders., brokers, or agents for the sale of slaves. ¥e apprehend no contest can arise on the meaning of the term negro-trader. If any difference of opinion exists, it must be as to the proper construction of the…

2Cases cited1 opinion

  1. Hays v. StateSupreme Court of Missouri · 1850

3Cited by2 opinions

  1. Hinderer v. StateSupreme Court of Alabama · 1863
  2. Brooks v. PollardSupreme Court of Alabama · 1860

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