Tucker v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Greene. Tried before the Hon.«Turner Reavis. The appellant, John C. Tucker, was indicted for selling spirituous liquors to “ one Dade Massey, a free person of color.”
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Appeal from the Circuit Court of Greene. Tried before the Hon.«Turner Reavis. The appellant, John C. Tucker, was indicted for selling spirituous liquors to “ one Dade Massey, a free person of color.” On the trial, as appears from the hill of exceptions, “several witnesses were introduced, who stated, that they had known said Dade for a long time ; that he had acted and been recognized as a freo man, residing in the State of Alabama for more than twenty years, and in Greene County two years ; that, from hearsay and general reputation,'' they had always considered him a free person ; that they…
1Opinion of the CourtChilton, C. J.
The only question presented by thé record in this case is, whether upon an indictment for vending spirituous liquors to a free person of color, under the statute, it is competent for the State to prove the status of the person to *79whom it was sold by showing that he was a man of color, and for more than twenty years had acted and been esteemed in the community as a free person; and that according to hearsay and general reputation he was a free person of color.
We are not called upon to express any opinion as to whether, in a direct proceeding for freedom, hearsay or general reputation could be…
2Cited by3 opinions
- Corley v. StateSupreme Court of Alabama · 1856
- Locklayer v. LocklayerSupreme Court of Alabama · 1903
- Cole v. District Board of School Dist. No. 29Supreme Court of Oklahoma · 1912