Brinkley v. Jackson

7 Del. 71

• Court: Superior Court of Delaware
• Decided: July 5, 1859
• Status: Published

Opinion

The Court

reversed the judgment on the first and second errors assigned. It should appear by the record that the defendant below was, first, a free negro or free mulatto, as the law applies only to such; and, secondly, that he did not reside within the limits of the town at the time of the election. And this not appearing, the record is defective and the judgment must be reversed. As to the third error assigned, as it is a matter or ground of exception embraced in a subsequent section of the act, it was incumbent on the defendant below, to plead and show that he came within the exception, if he intended to take advantage of it, and the facts of the case warranted it. This rests on a very plain and well settled principle of pleading, both in criminal and civil cases.