Pendleton v. State
Supreme Court of Arkansas
Appeal from the circuit court of Crawford county. This was an indictment against John P.endleton, a free negro, determined in the Cjawford circuit court at the September term 11843, before Brown, judge. The indictment was framed under the 3d section of the act of 1843, “ to prohibit the emigration and settlement of free negroes, •or free persons of color, into this state,” charging a non-compliance with its requisitions.
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Appeal from the circuit court of Crawford county. This was an indictment against John P.endleton, a free negro, determined in the Cjawford circuit court at the September term 11843, before Brown, judge. The indictment was framed under the 3d section of the act of 1843, “ to prohibit the emigration and settlement of free negroes, •or free persons of color, into this state,” charging a non-compliance with its requisitions. See acts of 1842-3, page 61, — The defendant was convicted, and appealed ,to this court. It is contended by the appellant that the act of the general assembly, entitled “ An…
1Opinion of the Court
Cross J.
delivered the opinion of .the co.urt.
The record shows that the appellant, a free negrp, was convicted in the .court below of a violation of the provisions of the act'apr proved the 20th Jan. 1843, entitled “An act t.o prohibit the emir gration &,c. of free negroes or free persons of .color into this state? and thereupon judgment was rendered accordingly. To reverse this judgment upon the ground that the act upon which it was founded is unconstitutional and void, is the object .of the appeal.
The proceedings appear to have been instituted up.ojj the fourth section of the act, which…
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