This is manslaughter; and in the act of Assembly against the malicious killing of slaves there is no punishment affixed to manslaughter; so he must be acquitted.

Verdict accordingly.

NOTE. — Upon the first point, see S. v. Weaver, ante, 54, and the note thereto. As to the second point, the law is now altered. See 1 Rev. Stat., ch. 34, sec. 9.