case brief - Pace v Alabama Facts This was an 1883 case of the United States Supreme Court Section 4184 of the Code of Alabama has provisions that

case brief - Pace v Alabama Facts This was an 1883...

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Pace v Alabama Facts This was an 1883 case of the United States Supreme Court. Section 4184 of the Code of Alabama has provisions that provide punishment for aa man and woman staying together in adultery and fornication. Section 4189 of the Code of Alabama also states that if any white person or Negro live in adultery or fornication or intermarry, upon conviction, would be imprisoned in the prison or sentenced to hard labor for not less than two years or more than seven years. In this case, Tony Pace, who was a Negro man, and Mary Cox who was a white lady were convicted under section 4189 for living together in adultery and fornication and sentenced to two years imprisonment in the state prison. They appealed to the United States Supreme Court stating that the Act under which they were convicted was in contravention of the Fourteenth Amendment if the Constitution which made the provision that no state should deny any person equal protection by the laws. The Court upheld the convictions. Issues The issue for determination by the court was whether section 4184 and 4189 of the Code of Alabama violated the fourteenth amendment of the constitution justifying the reversal of the plaintiffs’ convictions. Holding and Rationale The Court established that the ruling of the law was not discriminatory since the discrimination that was dictated in the two sections was directed was directed against the offence and not
against any person of any particular or race. They stated that the punishment for both black and

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