State v. Bender

2 Del. Cas. 9

Opinion

Bassett, C. J.,

said a majority of the Court were for admitting ex necessitate rel that she was a good witness by the common law and not excluded by the Act of Assembly from obtaining redress in that way; but if the assault had been on a white woman or man, he would not have admitted her.

Another witness proved that it was the Negro’s own assault.

Verdict of not guilty, and the Court refused to certify.