
    Cole v. The Commonwealth.
    (Absent Field and Scott, J’s )
    1. An indictment for advising slaves to escape from their masters, charged that they were the property of E L. Proof that they were the property of an estate of which E L was executrix, will sustain the indictment.
    2. In such case it is improper to admit evidence to prove that the prisoner was guilty of advising the slave of another person, not named in the indictment, to abscond.
    
      James Cole was indicted in the Circuit Court of Clarke county, for advising slaves to escape from their master. The indictment contained seven counts, some of which charged that the slaves were the property of Esther Lewis. On the trial, the Commonwealth offered evidence to prove that the prisoner advised certain slaves of the estate of Lorenzo Lewis to abscond, to which evidence the prisoner objected, on the ground that there was no count in the indictment, charging the offence against any property of the estate, or in the possession of Esther Lewis, executrix of said estate; but the Court overruled the objection, and admitted the evidence ; and the prisoner excepted.
    The Commonwealth further offered evidence to prove that the prisoner advised a negro girl, the slave of Sidney Allen, to abscond from her master, to which evidence the prisoner objected, but the Court overruled the objection and admitted the evidence ; and he again excepted.
    The jury found the prisoner guilty, and fixed the term of his imprisonment in the penitentiary at* two years, and there was a judgment accordingly. And thereupon the prisoner applied to this Court for a writ of error, which was awarded.
   By the Court.

The Court is of opinion that the judgment of the Circuit Court is erroneous in permitting the evidence mentioned in the second bill of exceptions to go to the jury; and for that cause only, the judgment of the Circuit Court is reversed, the verdict set aside, and the cause remanded to the said Circuit Court, for a new trial to be had therein; and on such trial the evidence set forth in the said second bill of exceptions, is not to be admitted.  