Legal Opinion

Ford v. State

Supreme Court of Alabama

Decided June 15, 1875PublishedCited by 4 opinions

Appeal from Barbour Circuit Court. Tried before Hon. H. D. Clayton. The appellants, a white man and a negro woman, wei’e indicted for living together in adultery or fornication. The indictment was demurred to, on the ground that it charged no offence, and that the section of the Revised Code upon which it was based, violated the Constitution of the State and of the United States. The demurrer having been overruled, a trial was had on a plea of not guilty.

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Appeal from Barbour Circuit Court. Tried before Hon. H. D. Clayton. The appellants, a white man and a negro woman, wei’e indicted for living together in adultery or fornication. The indictment was demurred to, on the ground that it charged no offence, and that the section of the Revised Code upon which it was based, violated the Constitution of the State and of the United States. The demurrer having been overruled, a trial was had on a plea of not guilty. The jury having found the defendants guilty, they moved in arrest of judgment on the ground of the unconstitutionality of the statute on…

1Per curiam

Ou the question involved in this case, we can add nothing to the thorough discussion it received in Ellis v. State, 42 Ala. 525. We do not see that there is any conflict between the decision in that case, and the decision in Burns v. State, 48 Ala. 195. The latter case involved only the validity of the statute prohibiting marriage between whites and blacks. The validity of the statute prohibiting such persons from living in adultery was not involved. Marriage may be a natural and civil right, pertaining to all persons. Living in adultery is'offensive to all laws human and divine, and human…

2Cases cited2 opinions

  1. Burns v. StateSupreme Court of Alabama · 1872
  2. Ellis v. StateSupreme Court of Alabama · 1868

3Cited by4 opinions

  1. Pace v. StateSupreme Court of Alabama · 1881
  2. Green v. StateSupreme Court of Alabama · 1877
  3. City Bank & Trust Co. v. LeonardSupreme Court of Alabama · 1910
  4. Succession of ColwellSupreme Court of Louisiana · 1882

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