State v. . Patrick

Decided June 5, 1859

Supreme Court of North Carolina · decided 1859-06-05

This was an indictment against the defendant, as a free negro, for carrying fire arms, tried before Saundees, J., at the last Spring Term of Brunswick Superior Court. . In order to show that the defendant was a free negro, the solicitor for the State, asked a witness whether the defendant passed as and was reputed in the neighborhood in which he lived, to be'a free negro. The witness answered in the affirmative.

Cited by 1 later decisions — most recently April 1912

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1859-06-05

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Battle, J.

¶1 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, *309 it seems to us, that it must equally be so when it is to' operate against him.

¶2 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.

¶3 Peb Curiam, Judgment affirmed.