3 Del. 556 (Del.Oyer.Ter. 1840), State v. Warrington

Citation3 Del. 556
Party NameTHE STATE v. CHARLES WARRINGTON, negro.
CourtCourt of Oyer and Terminer of Delaware

Page 556

3 Del. 556 (Del.Oyer.Ter. 1840)

THE STATE

v.

CHARLES WARRINGTON, negro.

Court of Oyer and Terminer of Delaware.

October Term, 1840

There is no need of distinguishing between negroes and mulattoes, in indictments for larceny.

There is no need of distinguishing between negroes and mulattoes in indictments for larceny.

The defendant was indicted as a " free negro," and proved to be a free mulatto, according to general reputation.

The Court said it made no difference. The punishment is the same. The law distinguishes between white persons and free negroes or mulattoes in the punishment of larceny, but not between negroes and mulattoes. As a matter of personal description it is unimportant, for the defendant by pleading admits that he is the person charged. In point of fact this distinction of color between negroes and mulattoes would not be susceptible of proof in many cases. In the case of the present defendant it could not be proved...

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