The Case State V. Marley Essay

796 Words Nov 4th, 2014 4 Pages
In the case State v. Marley (1847), a slave by the name of Marley had assaulted a white man physically and was very rude and disrespectful to him as well. Marley was tried in County Court of New Hanover and was found guilty of assault and battery and insolence against a white man. He was then sentenced to be whipped twenty-five times. After receiving the punishment, Marley’s master appealed to the Court of Pleas for the same convictions. The court found Marley guilty and sentenced him to the same punishment the County Court gave him, twenty-five stripes. Another appeal was made by Marley’s master to the Superior Court where the Attorney-General of the state took over as the appealer. Marley had no counsel in the Superior Court. The issue of this case was whether or not the master had the right to appeal this case from the County Court all the way to Superior Court. The Superior Court decides that Marley’s master does not have this right. All laws involving slaves enacting offenses were categorized into three sections within a single act. This case fell under section 41 of Rev. St., ch. 111, and covered lesser offenses; this included whipping. This act also stated that each lower court had original and exclusive jurisdiction. This was overturned in 1842 when a lower court appealed to a higher court for the first time in cases such as this. The justices believed that the act of 1836 protected and kept the peace “of the community,” so they decided to halt further extension of…

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