Pace v. Alabama
Supreme Court of the United States
Error to the Supreme Court of the State of Alabama. Section 4184 of the Code of Alabama provides that “ if any man and woman live together in’adultery or fornication, each of them must, on the first- conviction of the offence, be fined not less than one hundred dollars, and may also be imprisoned in the county jail or sentenced to hard labor for the county for not more than six months.
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Error to the Supreme Court of the State of Alabama. Section 4184 of the Code of Alabama provides that “ if any man and woman live together in’adultery or fornication, each of them must, on the first- conviction of the offence, be fined not less than one hundred dollars, and may also be imprisoned in the county jail or sentenced to hard labor for the county for not more than six months. On the second conviction for the offence, with the same person, the offender must be fined not less than three hundred dollars, and may be imprisoned in the county jail, or sentenced to hard labor for the…
1Opinion of the Court
■Mb. Justice Field
delivered the opinion of the court, and after stating the case as above, proceeded as follows: —
The counsel of the plaintiff in error compares sects. 4184 and 4189 of the Code of Alabama, and assuming that the latter relates to the same offence as the former, and prescribes a greater punishment for. it, because one of the parties is a negro, or of negro descent, claims that a discrimination is made against the colored person in the punishment designated, which conflicts with the clause of the Fourteenth Amendment prohibiting a State from denying to any person-within its…
2Cited by51 opinions
- Loving v. VirginiaSupreme Court of the United States · 1967
- McLaughlin v. FloridaSupreme Court of the United States · 1964
- Moore v. MissouriSupreme Court of the United States · 1895
- Perez v. SharpCalifornia Supreme Court · 1948
- Perry v. SchwarzeneggerDistrict Court, N.D. California · 2010
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