Banks v. State
Supreme Court of Alabama
Appeal from tbe Criminal Court of Pike. Tried before tbe Hon. William H. Pabks. Tbe indictment in tbis case charged tbe appellant, Julian Ann Banks, with living in a state of adultery or fornication with John Phillips. • Tbe evidence for tbe State tended to show that tbe lant and John Phillips cohabited together, and that prior to such cohabitation John Phillips had ’been married to other woman, one Emma Perry, who was still living.
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Appeal from tbe Criminal Court of Pike. Tried before tbe Hon. William H. Pabks. Tbe indictment in tbis case charged tbe appellant, Julian Ann Banks, with living in a state of adultery or fornication with John Phillips. • Tbe evidence for tbe State tended to show that tbe lant and John Phillips cohabited together, and that prior to such cohabitation John Phillips had ’been married to other woman, one Emma Perry, who was still living. There was evidence tending to show a marriage between John Phillips and the appellant prior to their cohabitation. John Phillips was introduced as a witness for…
1Opinion of the CourtWalker, J.
-There was evidence tending to sbow tbat tbe appellant and John Phillips were married to each other prior to their cohabitation. It was contended for the State that this marriage was void because John Phillips had, at the time, a living wife, one Emma Perry, from whom he had not been divorced. His alleged marriage with Emma Perry was itself a nullity, if it was contracted when Emma Perry had a living husband from whom she had not been divorced. It was competent for the appellant, in support of the validity of her marriage to John Phillips, to show that his alleged former marriage to Emma…
2Cases cited1 opinion
- Buchanan v. StateSupreme Court of Alabama · 1876
3Cited by10 opinions
- State v. McClurgIdaho Supreme Court · 1931
- Coachman v. SimsSupreme Court of Oklahoma · 1913
- Rogers v. McLeskeySupreme Court of Alabama · 1932
- Templeton v. JonesSupreme Court of Oklahoma · 1927
- Bailey v. StateSupreme Court of Alabama · 1939
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