Pace v. State
Supreme Court of Alabama
Appeal from Clarke Circuit Court. Tried before ILon. "Wm. E. Clarke. At tlie Fall Term, 1881, of said court, an indictment was found against the appellants which, after the caption, is in these words: “ The grand jury of said county charge, that before the finding of this indictment, Tony Pace, a negro, or the-descendant of a negro to the third generation inclusive, a man, and Mary Ann Cox, a white woman, did live together in a state of adultery or fornication, against the…
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Appeal from Clarke Circuit Court. Tried before ILon. "Wm. E. Clarke. At tlie Fall Term, 1881, of said court, an indictment was found against the appellants which, after the caption, is in these words: “ The grand jury of said county charge, that before the finding of this indictment, Tony Pace, a negro, or the-descendant of a negro to the third generation inclusive, a man, and Mary Ann Cox, a white woman, did live together in a state of adultery or fornication, against the peace and dignity of the State of Alabama.” Mary Ann Cox filed a plea of misnomer, averring, in substance, that her…
1Opinion of the CourtSomerville, J.
The indictment here charges, that, “Tony Pace, a negro, or the descendant of a negro to the third generation inclusive, a man, and Mary Ann Oox, a white woman,, did live together in a state of adultery or fornication.” The offense charged is that denounced by section 4189 of the Code. The language of this section is, “live in adultery or fornication with each other.” We think there is no essential -difference in the signification of the. phrases used respectively in the indictment and statute, and that they are substantially the same in meaning. In Eorm number 22 of indictments, for living in…
2Cases cited6 opinions
- State v. GibsonIndiana Supreme Court · 1871
- Edmundson v. StateSupreme Court of Alabama · 1850
- Hoover v. StateSupreme Court of Alabama · 1877
- Green v. StateSupreme Court of Alabama · 1877
- Ellis v. StateSupreme Court of Alabama · 1868
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Higginbotham v. StateSupreme Court of Alabama · 1955
- Smith v. StateAlabama Court of Appeals · 1913
- Coffey v. StateSupreme Court of Alabama · 1943
- Rooks v. StateSupreme Court of Alabama · 1887
- Harrison v. StateSupreme Court of Alabama · 1906
14 more not listed; retrieve them via the Exa API.