State v. Griffin

Superior Court of Delaware

State v. Griffin

3 Del. 559

Superior Court of Delaware·Decided April 5, 1841·Published

Opinion

Indictment for kidnapping Maria Coursey, a free negro woman.

Adjudged that the presumption of law is in favor of liberty, and no presumption to the contrary arises from color. A negro called as a witness is prima facie free. (Layton, J. dissenting.)

Adjudged, that the allegation of freedom, as contained in an indictment for kidnapping, is a substantive allegation and must be proved.

Verdict — not guilty.

*Page 560

Free access — add to your briefcase to read the full text and ask questions with AI

Indictment for kidnapping Maria Coursey, a free negro woman.

Adjudged that the presumption of law is in favor of liberty, and no presumption to the contrary arises from color. A negro called as a witness is prima facie free. (Layton, J. dissenting.)

Adjudged, that the allegation of freedom, as contained in an indictment for kidnapping, is a substantive allegation and must be proved.

Verdict — not guilty.

*Page 560

State v. Griffin, 3 Del. 559 (Del. Ct. App. 1841).

Pincite

3 Del. 559 (State v. Griffin) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.