Superior Court of Delaware, 1841

State v. Griffin

State v. Griffin
Superior Court of Delaware · Decided April 5, 1841
3 Del. 559
State v. Griffin

Opinion of the Court

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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