Bennett v. Black

Decided January 15, 1827

Supreme Court of Alabama · decided 1827-01-15

In the Circuit Court of Madison county, Black declared vs. Bennett for a malicious prosecution in having a warrant issued against him, and having him arrested for the crime of robbery, in forcibly taking a negro slave from Bennett’s possession, not guiity, and issue verdict and judgement for the plaintiff. £)n the trial the plaintiff gave in evidence, a warrant for the apprehension of himself, Hugh M. Miller, and Fran-f;js yy.

Cited by 2 later decisions — most recently June 1854

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1827-01-15

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JUDGE CRENSHAW

¶1delivered the opinion of the Court.

¶2We are of opinion that the Circuit Court erred in rejecting the testimony as set forth in the first assignment. We think that the instructions given to the jury, were in other respects correct. Judgement reversed, and cause, remanded.