State of Florida
Vs Assault and Battery
Francis a Slave
On this day comes the said defendant by her attorney and moves the court to arrest the judgment in said case and for new trial and for the cause thereof to the court has shown.
1[st] That the verdict was contrary to the evidence.
2[nd] That the verdict was contrary to the law and the charge of the court.
3[rd] Because the state has failed to allege in the indictment that Francis the above named defendant is a slave and is thereon insufficient, vague & uncertain.
4[th] That the state has failed to allege in the indictment that Francis was a slave and property of any person without which no indictments will be
5[th] That Williamson M Dalton one of the jury that tried the above cause and rendered a verdict of guilty thereon, was not on the regular panel and was not summoned in a regular or special revise.
6[th] That the prisoner cannot be indicted and punished under the act of 1832, but should before a justice of the peace under the ninth clause of the act of 1828, which prescribes the manner of trial and the amount of punishment.
Signed / McQueen McIntosh.
Motion sustained on the two first grounds and new trial awarded the court giving no opinion as to the 3[rd]-4[th] ,5[th] and 6[th] grounds set out in the motion.