State v. Roswell
Supreme Court of Connecticut
This was an information, in behalf of the state, for the crime of inGest, under the 63rd section of the act concerning crimes. This offence was charged to have been committed with Anna Roswell, the legitimate daughter of the prisoner.
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This was an information, in behalf of the state, for the crime of inGest, under the 63rd section of the act concerning crimes. This offence was charged to have been committed with Anna Roswell, the legitimate daughter of the prisoner. On the trial to the jury, on the plea of Not Guilty, at New-Haven, August term, 1326, before Lanman, J. testimony was offered, in support of the information, of the prisoner’s confessions, at various times, that the said Anna was his daughter I that her mother, Sarah Roswell, was his lawful wife ; accompanied with evidence that they had cohabited together as…
1Opinion of the CourtDaggett, J.
The prisoner seeks a new trial, on the ground that the testimony should have been rejected; and this is the question now presented for discussion.
It is insisted by the counsel for the prisoner, that whenever a marriage is alleged in an indictment or information, and a marriage is essential to constitute the act a crime, a marriage in fact *449must be proved; and that the proof must be either by a copy of the record of the marriage, or the testimony of a witness who was present at its celebration : and that at least proof of cohabitation, reputation or confession of the prisoner, of the fact, is…
2Cases cited3 opinions
- Commonwealth v. NorcrossMassachusetts Supreme Judicial Court · 1813
- Commonwealth v. LittlejohnMassachusetts Supreme Judicial Court · 1818
- Forney v. HallacherSupreme Court of Pennsylvania · 1822
3Cited by20 opinions
- Cook v. StateSupreme Court of Georgia · 1852
- State v. SchweitzerSupreme Court of Connecticut · 1889
- State v. HughesSupreme Court of Kansas · 1886
- Brown v. StateSupreme Court of Florida · 1900
- State v. JohnsonSupreme Court of Minnesota · 1867
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