Legal Opinion

State v. Nieburg

Supreme Court of Vermont

Decided January 21, 1913PublishedCited by 7 opinions

Information charging adultery. Plea, not guilty. Trial by jury at March Term, 1912, Chittenden County, Miles, J., presiding. Verdict, guilty, and judgment thereon. The respondent excepted. The opinion states the ease.

1Opinion of the CourtMunson, J.

The charge is adultery. The marriage was shown by the testimony of Lena Nieburg, who testified that she was married to the respondent in Russia, twenty-three years ago. It was objected that this was not the proper way to show a marriage in cases of this class. The testimony of the respondent’s wife was direct evidence of the fact of his marriage, although she was not an eye-witness of the ceremony, strictly speaking; and if she was a competent witness her testimony was sufficient proof of the marriage. Direct proof may consist either of the testimony of a witness present at the ceremony, or…

2Cases cited6 opinions

  1. Sutton v. StateSupreme Court of Georgia · 1906
  2. State v. EgglestonOregon Supreme Court · 1904
  3. Commonwealth v. GrayMassachusetts Supreme Judicial Court · 1880
  4. Blackman v. StateSupreme Court of Alabama · 1860
  5. Clement v. KimballMassachusetts Supreme Judicial Court · 1868

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

3Cited by7 opinions

  1. State v. WrightSupreme Court of Vermont · 1989
  2. Rasnake v. CommonwealthSupreme Court of Virginia · 1923
  3. State v. ShawSupreme Court of Vermont · 1915
  4. State v. MuzzySupreme Court of Vermont · 1913
  5. State v. CushingSupreme Court of Vermont · 1913

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

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