Hoover v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Talladega. Tried before the Hon. John Henderson. The grand jury of Talladega county presented the following indictment: “ The State of Alabama, Talladega county.
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Appeal from the Circuit Court of Talladega. Tried before the Hon. John Henderson. The grand jury of Talladega county presented the following indictment: “ The State of Alabama, Talladega county. Circuit Court, fall term, 1876. The grand jury of said county charge that, before the finding of this indictment, Robert Hoover, a negro man, and Betsey Litsey, alias Elizabeth Litsey, a white woman, did live together in a state of adultery or fornication, against the peace and dignity of the State of Alabama.” The defendant, Betsey Litsey, was not put upon her trial. The defendant, Robert Hoover,…
1Opinion of the Court
STONE, J. —
In Green v. The State, at the present term, we entered into an elaborate discussion of section 4189 of the Code of 1876, which prohibits, under severe penalties, intermarriage and living in adultery or fornication between white and colored persons, and declares such marriages void. "We are satisfied with the arguments then used, sustained, as ■the opinion was, by the highest authority, and will not repeat or review it here. The marriage being absolutely void, the •offending parties must be treated as unmarried persons, and their sexual cohabitation as fornication within the statute.
2Cases cited1 opinion
- Dew v. CunninghamSupreme Court of Alabama · 1856
3Cited by26 opinions
- Central of Georgia Railway Co. v. StateSupreme Court of Georgia · 1898
- Armour Packing Co. v. United StatesCourt of Appeals for the Eighth Circuit · 1907
- United States v. Bernard L. Barker, United States of America v. Eugenio R. MartinezCourt of Appeals for the D.C. Circuit · 1976
- Gibbons v. TerritoryCourt of Criminal Appeals of Oklahoma · 1911
- Bales v. StateSupreme Court of Alabama · 1879
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