State v. Gibson

It appears of record in this' cause, that appellee was charged by indictment in the court below with having unlawfully and knowingly married, in the county and State aforesaid, one Jennie Williams, a white woman of this State, he then and there having one-eighth- part or more of ¡negro blood.

The indictment was, upon the motion of the appellee, quashed, and the State, by herprosecuting attorney, excepted and prosecutes this appeal to obtain a reversal of the judgment. t

The indictment was based upon the forty-seventh section of the act defining felonies, which reads as follows;

*390“ Section 47. No…