Legal Opinion

State v. . Robbins

Supreme Court of North Carolina

Decided December 5, 1845PublishedCited by 10 opinions

Appeal from the Superior Court of Law of Randolph County, at the Fall Term, 1845, his Honor Judge Dick presiding. The prisoner was indicted for Bigamy in marrying Elizabeth Robbins, a wife, to whom he had been some years before married, being still alive.

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Appeal from the Superior Court of Law of Randolph County, at the Fall Term, 1845, his Honor Judge Dick presiding. The prisoner was indicted for Bigamy in marrying Elizabeth Robbins, a wife, to whom he had been some years before married, being still alive. To show the previous marriage, a witness proved that he was present, some thirty years before that time, when the defendant was married to his daughter Elizaboth Williams, by one Michael Harvey, and that she, the said Elizabeth, was still alive; that the parties lived together for several years, when they separated, and the wife returned to…

1Opinion of the CourtNash, J.

We see no error committed by the presiding Judge. The testimony tendered by the defendant, to show that he thought and believed his first marriage to be void for the want of a license, was properly rejected by the Court. The law of this State, Rev. Stat. ch. 71, sec. 2d, authorises and impowers the Clerks of the several County Courts to grant marriage licenses, upon the applicant’s giving bond and security agreeably to its provisions ; but if a marri-age is solemnized by a minister of the gospel or a magistrate, without a license, though he may subject himself to a penalty, the marriage is,…

2Cited by10 opinions

  1. State v. MartinezIdaho Supreme Court · 1926
  2. State v. . DavisSupreme Court of North Carolina · 1891
  3. Davidson v. ReamNew York Supreme Court · 1916
  4. State v. . WilliamsSupreme Court of North Carolina · 1941
  5. State v. LynchSupreme Court of North Carolina · 1980

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