Tempe v. State
Supreme Court of Alabama
From tbe Ch’cuit Court of Cboctaw. Tried before tbe Hon. John Moore. Tbe indictment in tbis case was returned into Gourt on tbe 8tb March, 1866, and contained four counts. In tbe first count, tbe prisoner was described as “Tempe, if known by any other name, to tbe grand jury unknown, a freed-woman”; and in tbe other counts no descriptive words were added to tbe Christian name.
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From tbe Ch’cuit Court of Cboctaw. Tried before tbe Hon. John Moore. Tbe indictment in tbis case was returned into Gourt on tbe 8tb March, 1866, and contained four counts. In tbe first count, tbe prisoner was described as “Tempe, if known by any other name, to tbe grand jury unknown, a freed-woman”; and in tbe other counts no descriptive words were added to tbe Christian name. Tbe first count averred, that she unlawfully, and with malice aforethought, “killed an infant child, name to tbe grand jury unknown, by striking it with a stick and club”; tbe second, that she killed “an infant child,…
1Opinion of the CourtByrd, J.
The counsel for appellant contends, that there was no law in force in this State authorizing the punishment of freedmen for offenses committed by them at thó time the offense charged was perpetrated. It does not appear from the indictment, or the bill of exceptions; *354when the offense was committed, whether before the prisoner was set free or afterwards; and as the bill of exceptions does not purport to set out the evidence introduced on the trial, we must make every legitimate intendment in favor of the rulings of the court below, and the judgment thereof. The indictment was found and filed at…
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