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24 Tex. 563

Westbrook v. State

Texas Supreme Court

Decided July 1, 1859

Texas Supreme Court · decided 1859-07-01

Tried below before the Hon. N. W. Battle. This was an indictment against the appellants, Thomas M., John B., and Stephen Westbrook, for imprisoning and kidnapping Lewis John Bedrolls, a free negro, for the purpose of detaining him as a slave.

Decided 1859-07-01

Bell, J.

¶1The only question in this case, which requires notice, arises upon the action of the court in giving to the jury the instruction asked by the district attorney, modified as it was by the court. The instruction asked by the district attorney, involved the proposition, that a free negro cannot sell himself into slavery. The court gave the instruction, qualified by an additional instruction, decidedly favorable to the defendants.

¶2We think the court did not err in giving the instruction, as will be seen by reference to our opinion in the case of Westbrook v. Mitchell, (supra, 560.) The judgment of the court below is affirmed.

¶3Judgment affirmed.

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