Bynon v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Walker. Tried, before the Hon. James J. Bank's. The appellant, Evans Bynon, was tried and convicted for bigamy. The material facts of the case and the rulings of the court reviewed on the present appeal áre sufficiently stated in the opinion.
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Appeal from the Circuit Court of Walker. Tried, before the Hon. James J. Bank's. The appellant, Evans Bynon, was tried and convicted for bigamy. The material facts of the case and the rulings of the court reviewed on the present appeal áre sufficiently stated in the opinion. The woman Annie, whom the testimony for the State tended to show was the first -wife of the defendant, was examined as a witness for the defendant, and testified that she and the defendant had lived together for thirteen years ; that no marriage ceremony was ever performed marrying them, and that there had never been any…
1Opinion of the CourtBriokell, C. J.
The appeal is taken from a judgment of conviction of bigamy. The second or alleged bigamous marriage was shown to have been ceremonial, in strict conformity to the statutes. The prior marriage, if it existed, was to be deduced from facts and circumstances, from the cohabitation and conduct of the parties. Though there is some diversity of judicial decision upon the question, the better doctrine, and that which prevails in this State, is, that marriage, like any other fact involved in a judicial inquiry, may be proved by circumstances — direct or positive proof of the fact is not necessary. —…
2Cases cited10 opinions
- Williams v. StateSupreme Court of Alabama · 1875
- Campbell's Adm'r & Heirs v. GullattSupreme Court of Alabama · 1869
- Parker v. StateSupreme Court of Alabama · 1884
- Langtry v. StateSupreme Court of Alabama · 1857
- Marx Bros. v. LeinkauffSupreme Court of Alabama · 1890
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Reaves v. ReavesSupreme Court of Oklahoma · 1905
- McClurkin v. McClurkinSupreme Court of Alabama · 1921
- Fuquay v. StateSupreme Court of Alabama · 1927
- Woodward Iron Co. v. DeanSupreme Court of Alabama · 1928
- Faggard v. FilipowichSupreme Court of Alabama · 1946
8 more not listed; retrieve them via the Exa API.