Legal Opinion

Ham's Case

Supreme Judicial Court of Maine

Decided June 15, 1834PublishedCited by 5 opinions

This was an indictment charging the respondent with the crime of adultery. To prove the marriage the government relied_¶ on evidence of the folio wine: facts:- — -The respondent moved 19 158! . . 44 479' into the town of Fayette, in this State, more than twenty years _ ago, representing at that time, to the person of whom he hired the house, that he had a small family, only a wife and one child.

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This was an indictment charging the respondent with the crime of adultery. To prove the marriage the government relied_¶ on evidence of the folio wine: facts:- — -The respondent moved 19 158! . . 44 479' into the town of Fayette, in this State, more than twenty years _ ago, representing at that time, to the person of whom he hired the house, that he had a small family, only a wife and one child. Soon after hiring said house, be moved into it with a worn,an and one child about five or six months old, and continued to live with tliat W'oman, as bis wife, until about three years since, when he…

1Opinion of the Court

Mellen C. J.

delivered the opinion of the Court.

In this case two questions have been reserved for our Consideration : — 1. Whether the evidence reported is sufficient to prove the marriage alleged in the indictment: — 2. Whether the defendant is triable by law in this county.

With respect to the first question there seems to be some degree of uncertainty, according to English decisions. We had occasion, in the case of State v. Cayford, 7. Greenl. 57, to examine the principal English authorities in relation to the sufficiency *394of the evidence necessary to prove the plaintiff’s marriage, in an…

2Cited by5 opinions

  1. State v. LibbySupreme Judicial Court of Maine · 1988
  2. State v. HoffsesSupreme Judicial Court of Maine · 1952
  3. State v. GonceSupreme Court of Missouri · 1883
  4. Commonwealth v. JacksonCourt of Appeals of Kentucky · 1876
  5. State v. MedburySupreme Court of Rhode Island · 1867

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