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State v. Boon
North Carolina Court of Conference
1 N.C. 191 (1801)
- Written by Jenny Perry, JD
Facts
Boon (defendant) was convicted of willfully and maliciously killing a slave. The relevant statute, enacted in 1791 (the 1791 act), specified that a person convicted of willfully and maliciously killing a slave would be adjudged guilty of murder and suffer the same punishment as if he had killed a free man. The matter was referred to the North Carolina Court of Conference, where, in addition to arguing that Boon’s conviction should be sustained under the 1791 act, the prosecution argued that the offense was a felony at common law and therefore Boon should be punished independent of any statutory enactment on the subject.
Rule of Law
Issue
Holding and Reasoning (Hall, J.)
Concurrence (Macay, J.)
Concurrence (Taylor, J.)
Concurrence (Johnston, J.)
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