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North Carolina, Supreme Court, Raleigh : State v Tom (a slave) [printed].

Published
Raleigh, North Carolina : North Carolina Supreme Court, [n.d.]
Physical Description
1 online resource
Additional Creators
Adam Matthew Digital (Firm)
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Summary
Tom was indicted with another slave, Donum, on charges of conspiracy to mount an insurrection and conspiracy to murder William Duncan. Donum was first acquitted on both charges. No evidence was then offered against Tom on the first charge, and his counsel maintained that on the second, it being necessary for more than one person to be found guilty for the charge to hold, Donum's acquittal implied Tom's innocence also. The judge in the case instructed the jury that notwithstanding the verdict in favour of Donum, they were still able find Tom guilty, and they did so. On appeal, the Supreme Court determined that under the terms of act under which Tom and Donum were charged, the acquittal of all those indicted except one implied the acquittal of all. The judge in the first trial had therefore misdirected the jury; but because Donum and Tom were the only two of a larger number of conspirators to yet be brought to trial, a new trial was ordered for Tom.
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Reproduction Note
Electronic reproduction. Marlborough, Wiltshire : Adam Matthew Digital, 2007. Digitized from a copy held by the North Carolina State Archives.
Location of Originals
North Carolina State Archives
Copyright Note
Material sourced from the North Carolina State Archives
View MARC record | catkey: 41989334