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37 Ala. 677

Heath v. Devaughn

Supreme Court of Alabama

Decided June 15, 1861

Supreme Court of Alabama · decided 1861-06-15

. Tried before the Hon. Johjt Gill Shorter. The complaint in this case was in the following words : ■ “ James Heath \ The plaintiff claims of the de- ■ vs. > fendant ten thousand dollars as dam- ■ Samuel Devauglm. ) ages tor falsely and malicio usly charging him with the crime of trading with slaves, by speaking, of and concerning him, in the presence of divers persons, in substance as follows: ‘Have you not been trading with my negroes’?

Cited by 2 later decisions — most recently November 1925

2 state decisions

Relies on Shuttleworth v. State · Dudley v. Horn

Good law ✅— No negative treatment on recordhow we know

Decided 1861-06-15

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STONE, J.

¶1'We deem it unneeessary, in this case, to

¶2consider whether‘the language averred in the complaint to have been spoken by the defendant, sufficiently identifies: and charges the offense denounced by section 3285 of the Code. — See Code, 2224 ; Perdue v. Burnett, Min. 138-; Shirgenegger v. Taylor, 2 Brev. 4S0. 'On another ground, we think the judgment of the circuit court must be affirmed. The punishment for trading illegally with slaves is a money fine, to which may be added imprisonment in the county jail, not exceeding six months. A mere trading with slaves, without the consent of the master, owner, or overseer of such slaves, does not,-per se, involve moral turpitude; and the punishment is not infamous, in that sense which constitutes the-words actionable of-.themselves. — Hillhouse v. Peck, 2 S. & P. 395; Johnson v. Morrow, 9 Por. 525 ; Dudley v. Horn, 21 Ala. 379; Andress v. Koppenheafer, 3 S. & R. 255; McClung v. Ross, 5 Bin. 218; Birch v. Benton, 26 Mo. (5 Jones,) 153; Speaker v. McKenzie, ib. 255; Quinn v. O’Gara, 2 E. D. Smith, 388 ; Young v. Miller, 8 Hill, 22; McKee v. Ingalls, 4 Scam. 30. See, also, Shuttleworth v. The State, 35 Ala. 415, and authorities qb appellee’s brief.

¶3Judgment of the circuit court affirmed'.

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