Mercer was indicted for homicide of one Green B Lee in Stewart county. Lee had got into an argument over voting with one Samuel Wright, and assaulted him; subsequently Lee was stabbed six times. The principal witness did not see the stabbing but saw Mercer immediately afterwards covered in blood and holding an open knife. There was disagreement between witnesses as to whether Lee had been drunk at time of the death. After being committed to jail Mercer managed to escape in company with some black prisoners with whom he was confined, but was subsequently recaptured. The jury found Mercer guilty of murder and he excepted to the verdict as against law, the evidence and the charge of the court to the jury. The Supreme Court affirmed the verdict.