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State vs. Francis, a Slave

State vs. Francis, a Slave

Lower Court

  • Putnam County

Date

  • 1855

Box

  • 440

Folder

  • 773

Transcript

Bear back with a cow hide"

The Court is asked to charge

1[st] That the prosecution must show that the prisoner was slave.

2[nd] This must not only be alleged but proven and is not alleged because the word slave as in the Indictment is the conjunction with the word and not Francis.

3[rd] The jury must find from evidence that the prisoner was a slave or they cannot convict when the same is not proven the jury must render a verdict of acquittals.

The Court Charges that the prisoner must be proven to be a slave; but as to the balance of the second instruction above asked for the court deadlines to give it.

Solicitor asks the court to charge the jury that an assault and battery from a white person upon a slave does not justify a battery from the slave in return unless necessary to self defense.

That a party has a right to expel a trespasser by force if necessary.