State v. . Norton

On the argument, Mr. Winston assumed that the grandmother of the prisoner had one-fourth negro blood; from this he inferred that one of his great-grandparents had one-half negro blood, and one of his great-great-grandparents was full negro; and insisted, from this fact, that the prisoner was of mixed blood within the meaning of the statute, and, consequently, that negro testimony was competent on his trial.

The record does not present the question; it is not found as a fact that "the grandmother of the prisoner had one-fourth negro blood."

His Honor, in making a statement of the case, sets out…