
    GENERAL COURT,
    MAY TERM, 1797.
    Negro Peter vs. The State.
    Error to Frederick county court for .the removal of a judgment rendered in that court in March 1797, against negro Peter, on a criminal prosecution. The clerk certified the record in the usual mode of certifying records in civil cases.
    The indictment charged, «that negro Peter, late of the county aforesaid, labourer, the slave of Lucy James, on the” &c. “ at,” &c. one game cock of the value of fifty pounds of tobacco, of the goods and chattels of a certain Daniel Burkhart, then and there being found, then and there feloniously did steal, take and cany away, contrary to the form of the act of assembly in such case made and provided, and against the peace, government and dignity of the state.”
    Negro Peter alleged in defence of the indictment, that he on th,e said indictment ought not to he tried, because he said that the same indictment was contrary to the form of the act of assembly; wherefore he prayed that he might be thereof discharged, and that the same might be quashed.”
    
      Joinder on the part of the state. The county court gave judgment that negro Peter be whipped on his bare back with ten stripes, and stand in the pillory five minutes; and also «that Lucy James, to whom negro Peter is a slave, pay unto Daniel Burkhart the proprietor of the goods and chattels, so stolen as aforesaid, the quantity of forty-eight pounds of tobacco, and the costs” &c. upon which judgment the present writ ■ of error was brought.
    
      Shaaff, for the plaintiff in error. ,
    
      Martin, attorney general.
   The generar qouiix reversed, the judgment of the county court,.  