Thurman v. State
Supreme Court of Alabama
Error, to the Circuit Court of Russell. Tried before the' Hon. John J. Woodward. The plaintiff in error was indicted for a rape on a white woman. The case will be fully understood from the opinion of the court. 1. The word mulatto is a term used to denote the offspring of a union between a white and a negro.
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Error, to the Circuit Court of Russell. Tried before the' Hon. John J. Woodward. The plaintiff in error was indicted for a rape on a white woman. The case will be fully understood from the opinion of the court. 1. The word mulatto is a term used to denote the offspring of a union between a white and a negro. He is strictly speaking, a person begotten between a white and a black. — Brand’s Encyclopedia of Science, Literature and Art; Webster’s Dictionary, p. 545 ; Bouvier’s Law Dictionary, p. 170; The Inhabitants of Medway v. The Inhabitants of Natic, 7 Mass. 88; State v. R. Scott, 1 Bail.…
1Opinion of the CourtParsons, J.
It appears that the defendant below, Thurman, must have been convicted on the second count, which de*278scribes him as a free mulatto. The only question below, which it is necessary for us to decide is, whether, because he is descended from a negro stock on one side, he is necessarily a mulatto. That he had “kinky hair and yellow skin,” as stated in the bill of exceptions, is certainly evidence tending to prove that he is a mulatto, but, as we think, it is not conclusive. The prisoner’s counsel asked the court to charge the jury “that if they were satisfied from the testimony that the prisoner…
2Cases cited1 opinion
- Inhabitants of Medway v. Inhabitants of NatickMassachusetts Supreme Judicial Court · 1810
3Cited by10 opinions
- Thrasher v. IngramSupreme Court of Alabama · 1858
- Winner v. Marion County Com'nSupreme Court of Alabama · 1982
- Linton v. StateSupreme Court of Alabama · 1889
- Reynolds v. StateSupreme Court of Alabama · 1882
- Mosser v. MosserSupreme Court of Alabama · 1856
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