Clarke v. State
Supreme Court of Georgia
Murder. In Spalding Superior Court. Tried before Judge Speer. July Special Term, 1866. The plaintiff in error was tried for the murder of Daniel ICerhow. When the colored witnesses were introduced by the State, the prisoner objected to their competency. The Court overruled the objection. Evidence for the State. Kitty Ann Weal, a person of color — The difficulty commenced about a bread tray.
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Murder. In Spalding Superior Court. Tried before Judge Speer. July Special Term, 1866. The plaintiff in error was tried for the murder of Daniel ICerhow. When the colored witnesses were introduced by the State, the prisoner objected to their competency. The Court overruled the objection. Evidence for the State. Kitty Ann Weal, a person of color — The difficulty commenced about a bread tray. Deceased sent Indiana, his daughter, to get a bread tray, to Mary Clarke’s, to make up bread for his dinner. Mr. Kerbow, the deceased, lived down by the new graveyard in Griffin. The difficulty occurred…
1Opinion of the CourtWalker, J.
[1.] We think the effect of the act of 17th March, 1866, Damp. Acts,239, entitled, “An Act to define the term ‘persons of color, and to declare the rights of such persons,” was to make persons of color competent witnesses in all cases, just as if they were white. In other words, that all distinction, on account of color, was done away with, so far as competency to testify is concerned ; and, for myself, I will say, I think it conferred on them the full civil rights of a citizen, and made them, before the law, entitled to all the civil rights enjoyed by white persons. We do not feel disposed…
2Cited by5 opinions
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