Green v. State
Supreme Court of Alabama
Appeal from Circuit Court of Butler. Tried before Hon. John K. Henry. Tbe indictment in tbis case charged, that before the finding thereof, “Aaron Green, a négro man, and Julia Atkinson alias Green, a white woman, did intermarry with each other against the peace,” &c. The defendant, Julia, demurred to the indictment, on the ground that it charged no offense; but her demurrer was overruled, and the trial proceeded on plea of not guilty.
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Appeal from Circuit Court of Butler. Tried before Hon. John K. Henry. Tbe indictment in tbis case charged, that before the finding thereof, “Aaron Green, a négro man, and Julia Atkinson alias Green, a white woman, did intermarry with each other against the peace,” &c. The defendant, Julia, demurred to the indictment, on the ground that it charged no offense; but her demurrer was overruled, and the trial proceeded on plea of not guilty. The bill of exceptions recites, “ the facts were undisputed and admitted by the defendant, which established all the allega-, tions of the indictment. It was…
1Opinion of the CourtManning, J.
The question this record presents is, whether or not the State may make the marriage of a white person with a person of the negro race, a punishable offense. The statute is as follows: “If any white person and any negro, or the descendant of any negro to the third generation inclusive,-though one ancestor of each generation was a white person, intermarry, or live in adultery or fornication, with each other, each of them must, on conviction, be imprisoned in the penitentiary, or sentenced to hard labor for the county, for not less than two, nor more than seven years.” — § 4189 (3602) of Code…
2Cases cited6 opinions
- Maguire v. MaguireCourt of Appeals of Kentucky · 1838
- State v. GibsonIndiana Supreme Court · 1871
- State v. . RossSupreme Court of North Carolina · 1877
- Burns v. StateSupreme Court of Alabama · 1872
- Ellis v. StateSupreme Court of Alabama · 1868
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- United States v. BuntinUnited States Circuit Court · 1882
- Naim v. NaimSupreme Court of Virginia · 1955
- Pace v. StateSupreme Court of Alabama · 1881
- Berea College v. CommonwealthCourt of Appeals of Kentucky · 1906
- Rankin & Co. v. Vandiver & Co.Supreme Court of Alabama · 1885
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