Hudson v. State
Supreme Court of Alabama
ERROR to the Circuit Court of Chambers. Tried before the Hon. Eobert Dou&herty. The indictment in this case was found at the March term of said circuit court, 1859, and contained two counts) the first charging, that the defendants, Elisha Hudson and Thomas C. Carlisle, “ unlawfully-, aud with malice aforethought, killed a negro man slave, named Gus, the property of one William Fuller, by shooting him with a gun;” and the second, that said defendants, “ with malice…
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ERROR to the Circuit Court of Chambers. Tried before the Hon. Eobert Dou&herty. The indictment in this case was found at the March term of said circuit court, 1859, and contained two counts) the first charging, that the defendants, Elisha Hudson and Thomas C. Carlisle, “ unlawfully-, aud with malice aforethought, killed a negro man slave, named Gus, the property of one William Fuller, by shooting him with a gun;” and the second, that said defendants, “ with malice aforethought, caused the death of a negro man slave, named Gus, the property of said William Fuller, by the use of a gun, a weapon…
1Opinion of the CourtStone, J.
We deemit unnecessary to inquire whether the second count in the indictment is or is not good. *254The first seems unexceptionable; the finding is a general one ; and in such case, the rule is, to refer the finding to the good count. — Shaw v. The State, 18 Ala. 547; State v. Coleman, 5 Por. 32.
[2.] The indictment was for murder, and the conviction for manslaughter in the second degree. The person slain was a slave. It is contended, that we have no such offense as manslaughter in the second degree, when a slave is the subject of the homicide. ¥c can not assent to this proposition. We hold, that…
2Cases cited10 opinions
- Henry v. StateSupreme Court of Alabama · 1859
- Eskridge v. StateSupreme Court of Alabama · 1854
- Dave v. StateSupreme Court of Alabama · 1853
- Oxford v. StateSupreme Court of Alabama · 1859
- Seaborn v. StateSupreme Court of Alabama · 1852
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Linnehan v. StateSupreme Court of Alabama · 1898
- Turner v. StateSupreme Court of Alabama · 1866
- Handy v. StateSupreme Court of Alabama · 1898
- Lynch v. StateSupreme Court of Alabama · 1889
- Barber v. StateSupreme Court of Alabama · 1884
2 more not listed; retrieve them via the Exa API.