88 Ala. 216 | Ala. | 1889
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The indictment in this case sufficiently charges the crime of miscegenation against the appellant, a white woman, and John Blue^a negro man. — Pace et al. v. State, 69 Ala. 231; Code, § 2.
There was no error in allowing the State to make profert of the person of John Blue to the jury, in order that they might determine by inspection whether he was a negro, as charged in the indictment. There had been a severance in the trials of the appellant and Blue, and evidence of this character is clearly competent to show sex (White v. State, 74 Ala. 31); age (State v. Arnold, 13 Ired. 184); personal resemblance (State v. Woodruff, 67 N. C. 89; State v. Britt, 78 N. C. 439); color and race (Garvin v. State, 52 Miss. 207; Gentry v. McMinnis, 3 Dana, (Ky.) 385), and many like facts in regard to the personality of the defendant himself, or of any other individual involved in the issue. — Whart. Cr. Ev. §§ 311 et seq.
Clause 5, section 2, of the Code defines the terms “negro” and “mulatto,” when and as used in the Code, and makes the former include the latter, and the latter to mean “a person of mixed blood, descended on the part of the father or mother from negro ancestors to the third generation inclu
The charges requested by the defendant, to the effect that there could not be a verdict of guilty, unless the jury should find there was “an agreement” or “understanding” between the parties, that sexual intercourse should continue, palpably tended to mislead the juiy into a belief that, although the parties for a given time, a single day, it may be, lived together in adultery intending to continue that relation, yet they could not be convicted, unless this intention to so continue was evidenced by an agreement, a compact to that effect, and notwithstanding the circumstances might have clearly indicated such intention aside and apart from any agreement. The charges were properly refused. — Hall v. State, 53 Ala. 463; Smith v. State, 39 Ala. 554.
Charge No. 4 asked by the defendant and refused, was purely an argument, based on the failure of the State to show that the character of the defendant for chastity was
The remaining requests for instructions base defendant’s right to an acquittal upon the jury’s having a doubt, whether reasonable or not is not hypothesized, as to whether she lived in adultery with John Blue, as charged, or with another named person. Their refusal was manifestly proper. Humbree v. State, 81 Ala. 67; Jones v. State, 79 Ala. 23.
We discover no error in the record, and the judgment of the Circuit Court of Pike is affirmed.
Note — The case of John Blue v. The State, under the same indictment, was affirmed on the authority of the above case.