State v. . Patrick

51 N.C. 308

Opinion

Battle, J.

It is clearly settled that it is evidence in favor of a negro, in a suit for his freedom, that he is generally reputed to be free, and has always acted and passed as a free man. See Jarman v. Humphrey, ante 28, and Brookfield v. Stanton, ante 156. If such evidence be admissible to establish the fact of a negro’s being free, when it is to operate in his favor, it seems to us, that it must equally be so when it is to' operate against him.

That a man’s color may be proved to show that he is a negro, is a proposition too plain to admit of a doubt. State v. Chavers, 5 Jones’ Rep. 11.

Peb Curiam, Judgment affirmed.