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Unformatted text preview: THE STATE v. CAESAR, a slave SUPREME COURT OF NORTH CAROLINA, RALEIGH 31 N.C. 391; 1849 N.C. LEXIS 24; 9 Ired. Law 391 June, 1849, Decided PRIOR HISTORY: [**1] Appeal from the Superior Court of Law of MARTIN County, at the Fall Term, 1848, his Honor, Judge Dick,presiding. This was an indictment for murder in the words and figures following, to-wit: STATE OF NORTH CAROLINA, Martin County. Superior Court of Law, Fall Term, 1848. The jurors for the State, upon their oath, present, that Caesar, a slave, the property of John Latham and Thomas Latham, not having the fear of Godbefore his eyes, but being moved and seduced by the instigation of the devil, on the fourteenth day of August, A. D. eighteen hundred and fortyeight, with force and arms, at and in the county of Martin aforesaid, in and upon one Kenneth Mizell, in the peace of God and the state then andthere being, feloniously, wilfully and of his malice aforethought, did make an assault, and that the said Caesar, with a certain large stick, which bythe said Caesar, in both his hands then and there had and held, him the said Kenneth Mizell, then and there feloniously, wilfully and of his maliceaforethought, did strike and beat, giving to him the said Kenneth Mizell, then and there, by striking and beating him as aforesaid, with the stickaforesaid, in and upon the [**2] left jaw and the left side of the neck of him the said Kenneth Mizell, one mortal bruise, of the breadth of twoinches and of the length of six inches, of which said mortal bruise the said Kenneth Mizell from the said fourteenth day of August in the yearaforesaid, until the fifteenth day of the same month in the year aforesaid, at and in the county aforesaid, did languish and languishing did live; onwhich said fifteenth day of August in the year aforesaid, the said Kenneth Mizell in the county aforesaid died: And so, the jurors aforesaid, upontheir oath aforesaid, do say that the said Caesar the said Kenneth Mizell, in the manner and form aforesaid, feloniously, wilfully and of his maliceaforethought, did kill and murder, contrary to the peace and dignity of the state. On which indictment, the prisoner being arraigned, pleaded not guilty. The prisoner being put on his trial, the State first examined one Brickhouse, who stated, that he went, in company with the deceased, to Jameston,in the county of Martin, in the afternoon of the 14th of August, 1848: that the deceased and he (the witness) drank spirits in the town of Jameston,until they were both intoxicated: that [**3] they went to the house of Mr. Cahoon Jameston,until they were both intoxicated: that [**3] they went to the house of Mr....
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