3 Del. 560 (Del.Oyer.Ter. 1842), State v. Griffin

Citation3 Del. 560
Party NameTHE STATE v. JACOB R. GRIFFIN.
AttorneyGilpin, Attorney-general for the State. Frame for the defence.
Judge PanelChief Justice Booth and Judge Milligan Judge Layton
CourtCourt of Oyer and Terminer of Delaware

Page 560

3 Del. 560 (Del.Oyer.Ter. 1842)

THE STATE

v.

JACOB R. GRIFFIN.

Court of Oyer and Terminer of Delaware.

1842

Fall Sessions, 1842

Indictment for kidnapping Peter Howard, a free negro.

Peter Howard was sworn on the voire dire without previous proof of freedom; but on his stating that he was born a slave, the court held, that proof of his freedom must be made aliunde. This was done: but it appeared that at the time he was kidnapped, there were white persons present aiding and assisting in the crime, the point ruled in Whitaker's case (ante, 549,) was again raised.

Chief Justice Booth and Judge Milligan affirmed that decision. Judge Layton dissented.

The prisoner was convicted.

Gilpin, Attorney-general for the State.

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