State v. Luke, a Slave

State v. Luke, a Slave

Lower Court

  • St. Johns County


  • 1853


  • 440


  • 773


head driver of the plantation, Whereupon prisoners council 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 same mules as charged in the Indictment was not maliciously or could be by him, he, prisoner being a slave and acting under the control and direction of his master which instruction the Hon: Tho. Douglas judge of same court declined to give but having had the same under advisement , assuming the question_ Thereupon the jury having rendered a verdict of Guilty The court suspended the sentence until the following term of said Court. And on the 23 day of August 1852 refused the instructions asked by prisoners counsel. Whereupon prisoners counsel moved in arrest of judgments and for new trail and assigned the grounds aforesaid, which motion was overruled by the Court and sentencing pronounced_ to which willings prisoners counsel, object and excepts and alleges the same as error The undersigned counsel in said case argue to waive ? of Error

J. P. Sanderson, Solicitor

McQueen McIntosh

Attorney for prisoner