State v. . Whitford
Supreme Court of North Carolina
Indictment for bigamy, tried at Spring Term, 1880, of Craven Superior Court, before Qudgev, J. The evidence offered by the state and objected to by the defendant, was, that the defendant before emancipation was a slave of a Mr. Whitehurst; that Dinah Hancock was also a slave of a Mr. Hancock, and while so being slaves they went before a colored preacher, who was also a slave, and in the presence of a large crowd joined hands and the marriage ceremony was performed by said…
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Indictment for bigamy, tried at Spring Term, 1880, of Craven Superior Court, before Qudgev, J. The evidence offered by the state and objected to by the defendant, was, that the defendant before emancipation was a slave of a Mr. Whitehurst; that Dinah Hancock was also a slave of a Mr. Hancock, and while so being slaves they went before a colored preacher, who was also a slave, and in the presence of a large crowd joined hands and the marriage ceremony was performed by said preacher. From that time, which was in the year 1857, they have cohabited and lived together as man and wife until the…
1Opinion of the CourtAshe, J.
The correctness of the charge to the jury depends upon the question whether the marriage celebrated between the defendant and Dinah Hancock, while they were both slaves, was a valid marriage.
The indictment is preferred under the 5th section of the act of 1866, ch. 40, which reads : “That in all cases where man and woman, both or one of whom were lately slaves and are now emancipated, now cohabit together in- the relation of husband and wife, the parties shall be deemed to have been lawfully married, as man and wife, at the time of the commencement of such cohabitation, although they may not…
2Cases cited2 opinions
- State v. . HarrisSupreme Court of North Carolina · 1868
- State v. . RoysterSupreme Court of North Carolina · 1871
3Cited by10 opinions
- Long v. . BarnesSupreme Court of North Carolina · 1882
- State v. . MeltonSupreme Court of North Carolina · 1897
- Erwin v. . BaileySupreme Court of North Carolina · 1898
- Bettis v. Avery.Supreme Court of North Carolina · 1905
- Jones v. . HoggardSupreme Court of North Carolina · 1891
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