State v. Luke, a Slave

State v. Luke, a Slave

Lower Court

  • St. Johns County


  • 1853


  • 440


  • 773


he had done so. Missrupt[?] further stated that prisoner had told him. That the Mules were in the habit of troubling his masters plantation_ And it was also in evidence that the Master was not present when he shot the Mules and that prisoner was not head driver of the plantation. Whereupon prisoners counsel asked the Court to change the jury that the prisoner had committed no act for which he should be criminally punished. For that the shooting the said Mules, as charged in the Indictment was not done Maliciously, or could be by him, the prisoner bring a slave and acting under the control and direction of his Master_ Which instruction the Hon. Tho Douglas judge of said Court, declined to give. But having held the same under advisement, resumed the question. Thereupon the jury having under a verdict of guilty. The Court suspended the sentence until the following term of said court the on the 23 day of August 1852_ Refused the instruction asked by prisoners counsel _ Whereupon prisoner counsel moved in arrest of judgment and for new trial and assigned the grounds aforesaid which motioned was overruled by the court_ and sentence pronounced_ To which readings prisoners Counsel objects and [?] and alleges that laws as error_ The undersigned counsel in said case agreed to name writ of error_

L.P. Sanderson Solicitor

McQueen McIntosh

[consul] for prisoner