State v. Griffin

3 Del. 560
CourtNew York Court of General Session of the Peace
DecidedJuly 1, 1840
StatusPublished

This text of 3 Del. 560 (State v. Griffin) is published on Counsel Stack Legal Research, covering New York Court of General Session of the Peace primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Griffin, 3 Del. 560 (N.Y. Super. Ct. 1840).

Opinion

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.

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Bluebook (online)
3 Del. 560, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-griffin-nygensess-1840.