State v. Griffin

Superior Court of Delaware

State v. Griffin

3 Del. 559

DecidedApril 5, 1841

StatusPublished

This text of 3 Del. 559 (State v. Griffin) is published on Counsel Stack Legal Research, covering Superior Court of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

Pincite

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

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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

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Bluebook (online)

3 Del. 559, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-griffin-delsuperct-1841.