¶1delivered the resolution of the court. This court is of opinion; and doth decide, that in a prosecution under the statute referred to, where the commonwealth establishes by proof an assemblage of mor<v than live slaves, not belonging to the defendant, on his lot or tenement at any one time, it should be presumed, that such assemblage is unlawful ; and that, in such case, it is incumbent on the defendant, in order to protect himself against the penalty of the law, to shew that the slaves were on his lot or tenement with the consent of the owners or overseers. Which is ordered to be certified &c.
5 Va. 718
Commonwealth v. Connor
Decided December 15, 1834
General Court of Virginia · decided 1834-12-15
<p>Upon, the trial of a presentment on the statute 1 Rev. Code, ch. 111. § 13. against the occupier of a tenement in N. for knowingly permitting more than 5 slaves to be and remain at one time on his lot or tenement, without consent of the owners,—if the prosecutor prove the assemblage of more than 5 slaves, the onus probandi lies on the defendant, to shew the consent of the owners.</p>
Decided 1834-12-15