State v. . Chavers
Supreme Court of North Carolina
INDICTMENT, tried before PeesoN, J., at the Spring Term, 1857, of Brunswick'Superior Court. The defendant was charged, as a free person of color, with carrying a shot-gun. It was proved that the defendant carried a shot-gun as charged in the indictment. A witness proved that the defendant’s father was a man of dark color and had kinky hair; that he was a shade darker than the defendant himself, and'his hair was about as much kinked.
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INDICTMENT, tried before PeesoN, J., at the Spring Term, 1857, of Brunswick'Superior Court. The defendant was charged, as a free person of color, with carrying a shot-gun. It was proved that the defendant carried a shot-gun as charged in the indictment. A witness proved that the defendant’s father was a man of dark color and had kinky hair; that he was a shade darker than the defendant himself, and'his hair was about as much kinked. A Mr. Green proved that he and the defendant, with others, came to this court upon a steam-boat from Wilmington, and that the price of a passage for white persons…
1Opinion of the CourtBattle, J.
The defendant was indicted as a “ free person of color,” for carrying about his person a shot-gun, contrary to 66th section of the 107th chapter of the Revised Code. The 79th section of the same chapter declares, “ That all free persons descended from negro ancestors to the fourth generation inclusive, though one ancestor of each generation may have been a white person, shall be deemed free negroes and persons of mixed blood.” The defendant was convicted and moved for a new trial upon two grounds : First. Because there was no evidence that he was a free negro. Secondly. Because the Judge…
2Cited by6 opinions
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- Hare v. . Board of EducationSupreme Court of North Carolina · 1893
- Ferrall v. . FerrallSupreme Court of North Carolina · 1910
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