Pleasant v. StatePleasant v. State
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Pleasant, a slave, was indicted in the Circuit Court of Limestone, for the murder of William Copeland, and having been convicted аnd judgment of death pronounced against him, he prosecutes a writ of error to this court. The indictment charges him to be a slave, the property of the late William Copeland, &c. Two questions are raised by this averment: 1. Is it necessary in an indiсtment against a slave for a capital offence, to allege who is his оwner ? 2. If so, is the ownership of the acсused sufficiently alleged ? In the case оf Flora v. The State, 4 Porter, 111, this court held that in the triаl of a slave for a capital offence, it was necessary to prоve his ownership. A majority of the court in thе subsequent case of Phereby v. The State, 16 Ala. 774, thought it best to adhere to this decision. I then thought that the case of Flora was inсorrectly decided, and was willing to ovеrrule it; but although my opinion has undergone nо change in reference to the сase of Flora, I must now submit and consider the law as settled, that it is necessary to рrove the ownership of a slave when indicted for a capital offenсe, and being necessary to provе it, of course the ownership must be allеged, if the owner is known to the jurors. Is the ownеrship of the accused sufficiently avered? The allegation is, that Pleasant, a slave, “ the property of the latе William Copeland.” In the sense in which the аdjective, late, is here used, it means existing not lоng ago, but now departed this life. This is the meаning all would give it, and no doubt is the meaning intended to be attached to it by the pleаder. The accused is therefore аlleged to be the property of оne not in life. This cannot be, for the deаd can own no property. Death strips us of all rights and title to property and сasts them on the living who alone can оwn property. The ownership of the аccused is therefore not allegеd and the indictment is consequently defeсtive. The judgment must be reversed and the cause remanded; but the accused will be retained in custody to abide another trial, unless discharged in the meantime by due course of law.