Legal Opinion

Commonwealth v. Jennings

Massachusetts Supreme Judicial Court

Decided October 20, 1876PublishedCited by 29 opinions

Indictment on the Gen. Sts. c. 165, § 4, alleging that “ William H. Jennings, of Northampton, in the county of Hampshire aforesaid, on the eleventh day of January, A. D. 1866, at Amherst, in the said county of Hampshire, he, the said William H. Jennings, being then and there a single man unmarried, was lawfully married to one Augusta Gigger, and her, the said Augusta Gigger, then and there had and took for his the said William H. Jennings’s lawful wife, and that afterwards,…

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Indictment on the Gen. Sts. c. 165, § 4, alleging that “ William H. Jennings, of Northampton, in the county of Hampshire aforesaid, on the eleventh day of January, A. D. 1866, at Amherst, in the said county of Hampshire, he, the said William H. Jennings, being then and there a single man unmarried, was lawfully married to one Augusta Gigger, and her, the said Augusta Gigger, then and there had and took for his the said William H. Jennings’s lawful wife, and that afterwards, he, the said William H. Jennings, on the thirteenth day of November, A. D. 1875, at said Amherst, in the county…

1Opinion of the CourtGray, C. J.

This indictment is upon the Gen. Sts. c. 165, § 4, enacting that “ whoever, having a former husband or wife living, marries another person, or continues to cohabit with such second husband or wife, in this State, shall (except in the cases mentioned in the following section) be deemed guilty of polygamy, and be punished ” by fine or imprisonment. Section 5 declares that “the provision of the preceding section shall not extend to any person whose husband or wife has been continually remaining beyond sea, or has voluntarily withdrawn from the other and remained absent for the space of seven…

2Cases cited5 opinions

  1. United States v. CookSupreme Court of the United States · 1872
  2. Fleming v. . the PeopleNew York Court of Appeals · 1863
  3. State v. AbbeySupreme Court of Vermont · 1856
  4. State v. MillerSupreme Court of Connecticut · 1856
  5. Hart v. CleisNew York Supreme Court · 1811

3Cited by29 opinions

  1. Murray v. Continental InsuranceMassachusetts Supreme Judicial Court · 1943
  2. State v. RosascoOregon Supreme Court · 1922
  3. The People v. TalbotIllinois Supreme Court · 1926
  4. Commonwealth v. BadgerMassachusetts Supreme Judicial Court · 1922
  5. Ferrell v. StateSupreme Court of Florida · 1903

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