Legal Opinion

State v. Sherwood

Supreme Court of Vermont

Decided May 15, 1896PublishedCited by 8 opinions

Information of bigamy. Plea, not guilty. Trial by jury at the March term, 1896, Rutland county, Taft, J., presiding. Verdict of guilty and judgment on verdict. The respondent excepts.

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Information of bigamy. Plea, not guilty. Trial by jury at the March term, 1896, Rutland county, Taft, J., presiding. Verdict of guilty and judgment on verdict. The respondent excepts. The evidence of the state tended to show that the respondent was married to one Nellie E. Barry on August 25, 1891, at Montpelier, Vt., and that he continued to reside with her as his wife in the town of Newport, N. H., until about January, 1896; that April 8, 1896, he was married to-one Matie E. Barney, at Rutland, Vt. The respondent claimed that Nellie E. Barry was a married woman at the time of his'marriage…

1Opinion of the CourtRowell, J.

This is an information for bigamy. A marriage in fact was proved between the prisoner and the *417woman Barry on August 26, 1891, and a later marriage in fact between the prisoner and the woman Barney.

The prisoner offered, but was not permitted, to show that .about 1880, the woman Barry lived some two years at •Springfield, Vt., and during all that time cohabited as his wife with one Palmer, who was still alive ; that they were reputed to be husband and wife, and introduced each other .as such, during all that time; that she kept house for him, .and acted, and held herself out, as his wife, and…

2Cases cited6 opinions

  1. In re TaylorNew York Court of Chancery · 1842
  2. Jones v. JonesCourt of Appeals of Maryland · 1878
  3. Halbrook v. StateSupreme Court of Arkansas · 1879
  4. Jenkins v. JenkinsSupreme Court of Georgia · 1889
  5. Cummiskey v. WilliamsMissouri Court of Appeals · 1886

1 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Wright v. StateCourt of Appeals of Maryland · 1951
  2. People v. LaMarrCalifornia Supreme Court · 1942
  3. Schroder v. StateCourt of Appeals of Maryland · 1955
  4. Staley v. StateNebraska Supreme Court · 1911
  5. People v. SpitzerCalifornia Court of Appeal · 1922

3 more not listed; retrieve them via the Exa API.

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