Spence v. State

Citations

• 17 Ala. 192

Syllabus

<p>1. A juror, whose sole property in slaves consists of an undistributed share in an estate composed of slaves, is not a slaveholder within the contemplation of the statute, and is incompetent to sit as such on the trial of a slave for a capital offence.</p> <p>2. On the trial of a slave for a capital offence, the master is a competent witness for him.</p> <p>3. Where it is shown that a slave was arrested, tied, and left by his master in charge of a third person, to whom he immediately after made a confession, proof that the master “had always been in the habit of tying his slaves, when they were charged wi h any matter, and whipping them till they confessed the truth, and that he had frequently treated the prisoner in the same way,” is competent, and should be considered by the court in determining whether the confession was induced by the influence of hope or fear.</p>