State v. . Ross
Supreme Court of North Carolina
Fornication and Adultery — Marriage between Negi-o and White in-Another State — Domieil in Another State. IkdictmeNT for Eornication and Adultery, tried at August Special Tenxi, 1876, of Mecrlenbug Superior Court, before Schcnek, J. The defendants are indicted for fornication and adultery in living and cohabiting together without being lawfully married. The cohabitiou is admitted. Their defence is that they were lawfully married.
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Fornication and Adultery — Marriage between Negi-o and White in-Another State — Domieil in Another State. IkdictmeNT for Eornication and Adultery, tried at August Special Tenxi, 1876, of Mecrlenbug Superior Court, before Schcnek, J. The defendants are indicted for fornication and adultery in living and cohabiting together without being lawfully married. The cohabitiou is admitted. Their defence is that they were lawfully married. The facts as found by the special verdict are these: The defendant Pink Ross is at negro man, and the defendant Sarah a white woman. Pink Ross is a native of South…
1Opinion of the Court
It will be observed that the verdict states that Sarah went to South Carolina with the intent to evade the law of North Carolina prohibiting the marriage of a negro with a white person. It does not say that she had an intent to return with her husband and live in this State. It is difficult to see how in going to South Carolina to marry a negro, without an intent to return with him to this State, she could evade or intend to evade the laws of this State. Our laws have no extra territorial operation, and do not attempt to prohibit the marriage in South Carolina of blacks and whites domiciled…
2Cases cited2 opinions
- Inhabitants of Medway v. Inhabitants of NeedhamMassachusetts Supreme Judicial Court · 1819
- Hicks, Exec'r. v. . Skinner and Wife .Supreme Court of North Carolina · 1875
3Cited by14 opinions
- Howard v. . HowardSupreme Court of North Carolina · 1931
- State v. FennWashington Supreme Court · 1907
- State v. . CutshallSupreme Court of North Carolina · 1892
- Green v. StateSupreme Court of Alabama · 1877
- Fowler v. Fowler.Supreme Court of North Carolina · 1902
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