If an action of trespass be brought fpr killing a negro slave, pending an indictment for the same fact, and the indictrn.ent be first tried and the defendant acquitted of the felony, that proyes the trespass, never was merged ; and the plaintiff may.proceed to try his action, notwithstanding the objection that trespass, cannot be commenced till after a trial for the felony.
Smith v. Weaver, 3 N.C. 108, 2 Hayw. 108 (1799)
Oct. 1799
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North Carolina Superior Court
3 N.C. 108, 2 Hayw. 108