¶1Indictment for an assault in Greenville district. David Burden, a man of color, but born of a free white Woman, was offered as a *146witness to give evidence in support of the prosecution, and was refused to be admitted by the judge who presided. On motion, it was determined in this court, by all the judges, that any person of color, if the issue of a free white woman, is intitled to give evidence, and ought to be admitted as a witness in our courts.
4 S.C.L. 145
State v. M'Dowell
Supreme Court of South Carolina
Decided April 15, 1807
Supreme Court of South Carolina · decided 1807-04-15
<p>A free person of color, born of a free white woman, or the lineal descehd-ant of a free white woman, ex parte materna, is an admissible witness in our courts.</p>
Decided 1807-04-15