State v. Pinson
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court.—Son. Vital W. Garescho, Judge. (1)The court should have sustained the demurrer offered by the defendant at the close of the State’s case. (2) The court'committed error in giving the instruction which assumed that the first marriage was performed by a minister of the gospel who was authorized to perform marriages, and that said marriag'e was to Mary Pinson.
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Appeal from St. Louis City Circuit Court.—Son. Vital W. Garescho, Judge. (1)The court should have sustained the demurrer offered by the defendant at the close of the State’s case. (2) The court'committed error in giving the instruction which assumed that the first marriage was performed by a minister of the gospel who was authorized to perform marriages, and that said marriag'e was to Mary Pinson. (3) The court committed error in giving the instruction declaring “that it devolves upon the defendant to prove a divorce,” and thereby called the jury’s attention that the defendant had not…
1Opinion of the CourtHigbee, P. J.
—The appellant was charged on the information of the circuit attorney with the crime of bigamy, in this, that on F'ebruary 12⅞ 1920, at the city of St. Louis in the State of Missouri; he unlawfully and feloniously did marry and take to wife one Ethel Daniels, he, the said "William Pinson, then and there having a lawful wife living, to-wit, Mary Pinson. The jury returned a verdict of guilty and assessed the defendant’s punishment at imprisonment in the penitentiary for two years.
Five witnesses testified that they had known the defendant and his wife, most of them intimately, since the year…
2Cases cited20 opinions
- State v. BarringtonSupreme Court of Missouri · 1906
- State v. RascoSupreme Court of Missouri · 1912
- State v. UlrichSupreme Court of Missouri · 1892
- State v. PhillipsSupreme Court of Missouri · 1911
- State v. MyersSupreme Court of Missouri · 1906
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3Cited by2 opinions
- State v. JenningsSupreme Court of Missouri · 1930
- State v. HendrixSupreme Court of Missouri · 1932