State vs. Francis, a Slave

State vs. Francis, a Slave

Lower Court

  • Putnam County

Date

  • 1855

Box

  • 440

Folder

  • 773

Transcript

Said Counsel objects and excepts and insists that the same is contrary to Law; And thereupon the said Jury afterwards retired, to consider of their verdict and having returned into Court pronounced a verdict in the records following to wit "We the Jury find the prisoner guilty of the Assault & Battery and assess her punishment at fifty lashes." And thereupon afterwards to wit; on the 21[st] day of April in the year aforesaid the said prisoner by her said Attorney appeared in open court and moved the said Court to arrest the Judgment of the said Court to arrest the Judgment of the said Court in this behalf; to our aside the verdict and for new trial and for cause thereof then and there to the court shows. That the verdict was contrary to evidence.

2[nd] That the same was contrary to Law.

3[rd] That the State failed to allege in the indictment with sufficient certainty that Francis is a slave or free person of color. it does not allege that she is the property of any person.

4[th] That the prisoner is not a subject to indictment under the act of 1832 but is only liable if at all under the Act of 1828

5[th] That the prisoner is not subject to indictment under the act of 1828 in as much as the indictment nowhere alleges that the alleged assault was committed upon a white person: And thereupon the said Court after hearing the argument of cause overruled and dis-allowed said motion to which ruling the said Counsel of the said prisoner dejected and excepts to be. And now prays that this his bill of exceptions may be signed and sealed and made a part-of the record in this