State v. Francis, a Slave

State v. Francis, a Slave

Lower Court

  • Putnam County


  • 1855


  • 440


  • 773


Henry A. Wickwire, Emanuel R. Andrew, George W. king, Charles F. Hopkins, W.M.C. Sparkman, James E. Green, Jurors summoned for the said trial by virtue of the venire Facias awarded in this case on yesterday, were elected and sworn, and having fully heard the Evidence, the argument of counsel , and after receiving the charge of the court in the following words "The defendant is charged in the indictment "as a slave with committing an assault and Battery" upon one Amelia Hundley: Our statute provides that "in the trial of any slave in the Circuit Court, the same "rules and regulations shall be observed as are observed "in the trial of free persons. An Assault is an attempt " with force or violence to do a corporal injury to an the "and may consist of any act, leading to such injury, "accompanied with circumstances denoting an intent "coupled with a present ability, to use violence against "the person. A Battery is the actual infliction of "violence on the person, To justify a negro or mulatto, bond or free, for making an attack upon a white "person, it must appear, that such negro or mulatto wantonly assailed and did nothing more than was "necessary for self defense, If therefore you find from "the testimony that the said Francis a slave, made "an attempt and committed violence to the person of "the defendant, with the intention of inflicting violence, "without having been wantonly assailed then it is "an assault and Battery. The Statute after enumerating punishments for certain offenses, not "including assault and Battery, provides, that if "any negro or mulatto, bond or free, shall commit any "other crimes or misdemeanors against the laws of "this state. It shall be lawful for the Jury convicting