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The charge of murder was rarely brought against a slave owner in Louisiana before the Civil War, although, as we will see below, some slave owners did kill slaves in self defense. The most famous case of murder by a slave owner was the killing of Nat Turner in 1831. Having been captured by the Southampton County sheriff, Turner was held for trial and charged with slave insurrection. At the trial he proclaimed his innocence but was sentenced to death, and he was hanged. His execution served to increase the fear that slave revolts would occur.[100]
In the late 19th century, the New Orleans coroner had to find a way to keep the city’s white population from claiming that slaves were legally killed by accident or suicide. In order to counter this problem, the coroner’s office decided to add “murdered by another” to the list of possible causes of death for slaves, and to allow slave owners to suggest this possibility to the coroner’s jury.
An illegal killing was defined as one that was:
Not justified by law or public policy, such as the killing of a master by a slave (this was the case in Oliver);
Not in the course of a crime against the person of the victim or in the prosecution of a crime committed by the victim.
Not in the course of a legally authorized punishment, such as the killing of an escaped slave by a slave catcher;
Not in the course of a legally authorized attempt to apprehend a fugitive (this was the case in Hodge);[98]
Not in the course of an officially sanctioned war;
Not a part of a legal execution;
Not a premeditated murder.
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