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3 Ind. 480

Donnell v. State

Indiana Supreme Court

Decided November 24, 1852

Indiana Supreme Court · decided 1852-11-24

<p>Section 115 of chapter 53 of the K.. S. 1843, is void as being contrary to the constitution of the United States.</p> <p>It is error to convict a person under that section.</p>

Cited by 1 later decisions — most recently November 1875

1 state decisions

Relies on Edward Prigg v. Commonwealth of Pennsylvania

Good law ✅— No negative treatment on recordhow we know

Decided 1852-11-24

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Perkins, J.

¶1This was an indictment against Luther A. Donnell, containing two counts; one charging him with *481inducing the escape of, and the other with secreting, “ a certain woman of color, called Caroline, then being the slave of, and owing service to, one George Ray, in the state of Kentucky.”

J. Ryman, for the plaintiff.D. Wallace, for the state.

¶2The defendant was convicted.

¶3The section of the statute of our state upon which this indictment was grounded, according to the decision in Prigg v. Pennsylvania, 16 Pet. 539, is unconstitutional and void. The conviction upon it was, therefore, erroneous.

¶4Prosecutions under a state statute against passing counterfeit coin in the similitude of the currency of the United States, are sustained on the ground, as we understand by the case of Fox v. Ohio, 5 How. U. S. 410, as explained in United States v. Marigold, 9 id. 560, that they are in reality for the punishment of private cheats practiced upon the citizens of the state within her jurisdiction by means of the counterfeit coin as the instrument of effecting them. But state statutes punishing the enticing away 'and secreting of slaves from citizens of other states, are in aid of the execution of the constitution and laws of the United States only, and not for the punishment of wrongs perpetrated upon their own citizens.

Per Curiam.

¶5The judgment is reversed. Cause remanded, &c.

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