State v. . Underwood
Supreme Court of North Carolina
MisdemeaNOR, in mismarking a sheep, tried before Buxton, J., at Fall Term 1868 of the Superior Court of UNION. Upon the trial his Honor allowed one Barnett, a person of color, to be introduced as a witness for the State. The defendant excepted. Yerdict, guilty; Buie for a new trial, rule discharged; Judgment, and Appeal.
1Opinion of the CourtPearson, C. J.
We are of the opinion that the Act, Bev. 'Code, ch. 107, sec. 71, which makes persons of color incapa- bile of being witnesses, except against each other, is repealed by the Constitution.
Note. — The same decision was made at this term in the case oí State Yr jBell and Waggoner, on an indictment for Fornication and Adultery. .
According to that instrument, persons of color are entitled to vote and to hold office. The greater includes the less — and the effect is to take away the mark of degradation imposed by the statute under consideration. We see every day persons of ■ color holding seats in…
2Cited by1 opinion
- State v. . UnderwoodSupreme Court of North Carolina · 1870