State v. Jackson
Supreme Court of Missouri
Appeal from Cape Girardeau Circuit• Court. — Hon. D. L. Hawkins, Judge.
1Opinion of the CourtHenry, J.
At the May term, 1880, of the circuit court of Cape Girardeau county, the defendant, a white woman, was indicted for having intermarried with Dennis Jackson, a person having more than one-eighth part of negro hlood. A demurrer was sustained on the ground that the law on which the indictment was based, section 1540, Revised Statutes 1879, is in conflict with the 14th amendment of the Constitution of the United States, as also with the 17th subdivision of section 53 of article 4 of the constitution of this State.
Section 1540, Revised Statutes 1879, is as follows : “ No person having one-eighth…
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