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Slave Codes of the State of Georgia, 1848


INCLUDING THE
ENGLISH STATUTES OF FORCE:
IN FOUR PARTS.

TO WHICH IS PREFIXED
A COLLECTION OF STATE PAPERS,

OF ENGLISH, AMERICAN, AND STATE ORIGIN;
TOGETHER WITH AN
APPENDIX, AND INDEX.,

AND ALSO
A COLLECTION OF LEGAL FORMS,
IN USE IN GEORGIA.


COMPILED, DIGESTED, AND ARRANGED, BY
WILLIAM A. HOTCHKISS,
BY AUTHORITY OF THE LEGISLATURE.


(SECOND EDITION)
AUGUSTA:
PUBLISHED BY CHARLES E. GRENVILLE.
1848


ART. I. CRIMES, OFFENCES, AND PENALTIES


SEC. I CAPITAL OFFENCES

1.Capital crimes when punished with deaths.
2.When punished by death, or at discretion of the court.
3.Punishment for manslaughter.
4.Punishment of slaves for striking white persons.
5.When the striking a white person justifiable.
6.Punishment for burning or attempting to burn houses in a town.
7.Punishment for burning or attempting to burn houses in the country.
8.Trial of offenders for arson.
9.Punishment of free persons of color for inveigling slaves.
10.Punishment for circulating incendiary documents.


SEC. II. MINOR OFFENCES

11.Punishment for teaching slaves or free persons of color to read.
12.Punishment of free persons of color for trading with slaves.
13.Punishment of slaves for harboring slaves.
14.Punishment of free persons of color for harboring slaves.
15.Constables authorized to search suspected premises for fugitive slaves.
16.Persons of color not allowed to preach or exhort without written license.
17.Punishment for preaching or exhorting without license.
18.Prosecution by indictment.
19.Slaves giving information of design to poison, how rewarded.
20.Punishment for giving false information.
21.Punishment of slaves for teaching other to poison.
22.Punishment of slaves for killing, marking, or branding cattle.
23.Offences not defined, how punished.


ART II. PROSECUTION OF OFFENCES.


SEC. I. COMMENCEMENT OF PROSECUTION

24.Tribunal for the trial of free persons of color.
25.Arrests and trial of slaves and free persons of color
26.Offences, how prosecuted.
27. Inferior court to be notified
28.Duty of justice notified.
29.Continuance may be granted for cause.
30.Clerk of inferior court to act as prosecuting officer.
31.Accusation to be preferred by clerk in writing.
32.Record of proceedings, subpoenas for witnesses, rules of evidence.


SEC. II. TRIAL.

33.Jurors, how drawn and summoned.
34.At what time jurors to be drawn.
35.Challenging jurors; number allowed state and federal.
36.Oath of jurors.
37.Trial by jury.
38.Jury failing to render verdict, proceedings.
39.Jury may be completed by talesmen.


SEC. III. EVIDENCE

40.Persons considered competent witnesses
41.Slaves, when competent witnesses
42.Justice may compel the appearance and answer of witnesses.


SEC. IV. VERDICTS, JUDGEMENT, AND SENTENCE

43.Verdict and judgement
44.Sentence of death.
45.Punishment to be proportionate to the offence.
46.Suspension of sentence in minor offences.


ART. III. CORRECTION OF ERRORS, PARDON, EXECUTION, AND COSTS.


SEC. I. CORRECTION OF ERRORS

47.Exception may be take; proceedings
48.When execution may be suspended.
49.When judge of superior court may fix day of execution.
50.When new trial may be granted; proceedings.
51.Pardon of capital offences.
52.Offences not capital, court may grant time to obtain pardon.


SEC. III. EXECUTION AND COSTS

53.Execution of sentence.
54.Officer may press slaves to and in executing sentence.
55.State not liable to owner for slave executed.
56.Expenses of prosecution, when paid by master.
57.When paid by the county.
58.Fees if officer executing sentence.
59.Clerk and sheriff's fees

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