Opinion
01-01-1820
The Commonwealth v. Jerry Mann
This was an adjourned Case from the Superior Court of Botetourt. The prisoner was a black man, held as a slave, but he had instituted a suit to recover his freedom, and, therefore, according to Law, was entitled to be tried as a free man, for any offence with which he was charged. He was indicted, tried, and convicted, in the Superior Court, of feloniously making an assault upon a woman, with intent to ravish her. The Law declares, that if a slave shall attempt to ravish a white woman, he shall be adjudged a felon. There were several questions adjourned to this Court, but there was only one point decided, which is stated in the opinion of the Court.
OPINION
Per Curiam.
"The Court is unanimously of opinion, that the judgment in this Case ought to be arrested, and stayed, because it is no where in the Indictment stated, that Mary M'Causland was a white woman."