The indictment here charges, that, “Tony Pace, a negro, оr the descendant of a negro to the third generation inсlusive, a man, and Mary Ann Oox, a white woman,, did live together in a state of adultery or fornication.” The offense charged is that denounced by section 4189 of the Code. The lаnguage of this section is, “live in adultery or fornication with each other.” We think therе is no essential -difference in the signification of the. phrаses used respectively in the indictment and statute, and that they are substantially the same in meaning. In Eorm number 22 of indictments, for living in аdultery or fornication, under § 4184 of the Code, both are indiscriminаtely authorized, and are regarded as synonymous.
The statute, under which this indictment is found, is not, in our opinion, obnoxious to any constitutional objection. It is not, as insisted by appellants’ сounsel, violative of the first secfion of the Fourteenth Amеndment of the Federal Constitution, which forbids a State to “make or enforce any law which shall •abridge the privileges оr immunities of citizens of the United States,” or to “deny to any person within its jurisdiction the ■sgual protection of the lanes.” The fact that a different punishment is affixed to the offense of adultery when committed between a negro and a white person, and when committed between two whitе persons or two negroes, does not constitute a discrimination against or in favor of either race. The discriminаtion .is not directed against the person of any partiсular color or race, but against the offense, the nature of which is determined by the ■oрposite color of the cohabiting parties. The .рunishment of •each offending party, white and black, is preсisely the same. There is obviously no difference or discrimination in the punishinent. ■-' The evil tendency of the crime of living in adultеry or fornication is greater when it is'committed between persons of the two'races, than between persons оf the same race. ’ Its result may be the amalgamation оf the two races, producing a mongrel population and a degraded civilization, the prevention -of which is diсtated by a sound public policy affecting the high■est interеsts of society and government. To thus punish the •crime denounced by the statute, by imposing the same term of
The bill of exceptions fails to set out all the evidence, and in the absence of it, we can not assume that the court erred in refusing to givе the charge requested by appellant. The charge will be presumed to be abstract unless it is shown to be supported by the evidence as appearing in the bill of exceptions. 1 Brick. Dig-, p. 338, § 40.
The demurrer to the plea in abatеment of the defendant Cox was properly sustained. The law knows but one Christian name, and it has been held by this court that the omission or insertion of a middle name is entirely immaterial and may be disregarded. If a middle name is averred, it need not be proved. — Edmundson v. The State,
The judgment of the Circuit Court must be aifirmed.