Eliza v. State
Supreme Court of Alabama
From; tbe Circuit Court of Tuskaloosa. Tried before tbe Hon. "Win. S. Mtjud. The indictment in tbis case, wbicb was found at a special term of tbe court beld in November, 1865, contained two counts; tbe first count describing tbe defendant as “Eliza, a freedwoman of color,” and tbe second as “Eliza, a free person of color.” Tbe defendant went to trial on tbe plea of not guilty, without objection to tbe indictment.
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From; tbe Circuit Court of Tuskaloosa. Tried before tbe Hon. "Win. S. Mtjud. The indictment in tbis case, wbicb was found at a special term of tbe court beld in November, 1865, contained two counts; tbe first count describing tbe defendant as “Eliza, a freedwoman of color,” and tbe second as “Eliza, a free person of color.” Tbe defendant went to trial on tbe plea of not guilty, without objection to tbe indictment. Tbe judgment is in tbe following words: “Tbis day came S. A. M. Wood, solicitor, and tbe defendant; and tbe defendant, being charged on tbe bill of indictment, pleads thereto not…
1Opinion of the CourtJudge, J.
There is no bill "of exceptions in this case ; and it does not appear, except by inference from one count of tbe indictment, that the prisoner was ever a slave. That count describes her as a “freedwoman of color”; and this, it is contended, is an admission of the fact, that she was one of the class known as freedmen, who had been emancipated by the war. We will take this hypothesis to be true, as it does not affect our decision of the case.
The prisoner appears to have been indicted under section 3173 of the Code; and this section having been promulgated as not applicable to slaves, it is…
2Cases cited4 opinions
- State v. ClickSupreme Court of Alabama · 1841
- Thompson v. StickneySupreme Court of Alabama · 1844
- Branch Bank of Mobile v. MurphySupreme Court of Alabama · 1845
- Adm'rs of Weatherford v. WeatherfordSupreme Court of Alabama · 1838
3Cited by9 opinions
- Lee v. StateAlabama Court of Appeals · 1943
- Waller v. StateSupreme Court of Alabama · 1867
- Frost v. StateSupreme Court of Alabama · 1932
- Rogers v. StateAlabama Court of Appeals · 1919
- Wells v. StateSupreme Court of Alabama · 1906
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