Linton v. State
Supreme Court of Alabama
From the Circuit Court of Pike. Tried before the Hon. John P. Hubbard. The indictment in this case charged, in a single count, “that John Blue, a negro man, and Martha Ann Linton, a white woman, did intermarry, or live in adultery or fornication with each other, against the peace,” &c. A severance was granted,- and each defendant was tried separately.
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From the Circuit Court of Pike. Tried before the Hon. John P. Hubbard. The indictment in this case charged, in a single count, “that John Blue, a negro man, and Martha Ann Linton, a white woman, did intermarry, or live in adultery or fornication with each other, against the peace,” &c. A severance was granted,- and each defendant was tried separately. A demurrer to the indictment was interposed by John Blue, which was overruled; but the record does not show what grounds of demurrer, if any, were specified, nor does it show that any demurrer was interposed by Martha Linton. On the trial of…
1Opinion of the CourtMcCLELLAN, J.
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The indictment in this case sufficiently charges the crime of miscegenation against the appellant, a white woman, and John Blue^a negro man. — Pace et al. v. State, 69 Ala. 231; Code, § 2.
There was no error in allowing the State to make profert of the person of John Blue to the jury, in order that they might determine by inspection whether he was a negro, as charged in the indictment. There had been a severance in the trials of the appellant and Blue, and evidence of this character is clearly competent to show sex (White v. State, 74 Ala. 31); age (State v. Arnold, 13 Ired. 184); personal…
2Cases cited12 opinions
- Felix v. StateSupreme Court of Alabama · 1851
- State Ex Rel. Stubblefield v. WoodruffSupreme Court of North Carolina · 1872
- Garvin v. StateMississippi Supreme Court · 1876
- Blackman v. StateSupreme Court of Alabama · 1860
- Jones v. StateSupreme Court of Alabama · 1885
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3Cited by13 opinions
- McAlpine v. StateSupreme Court of Alabama · 1897
- Kelly v. StateSupreme Court of Alabama · 1901
- Wilson v. StateAlabama Court of Appeals · 1924
- Jones v. StateSupreme Court of Alabama · 1908
- Wright v. StateSupreme Court of Alabama · 1895
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