Fleming v. . the People
New York Court of Appeals
The plaintiff in error was convicted of the offence of bigamy in the Court of General Sessions of the Peace, of the city and county of New York, and was sentenced to imprisonment in a State Prison. The judgment having been affirmed in the Supreme Court, the convict procured a writ of error and brought the case here.
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The plaintiff in error was convicted of the offence of bigamy in the Court of General Sessions of the Peace, of the city and county of New York, and was sentenced to imprisonment in a State Prison. The judgment having been affirmed in the Supreme Court, the convict procured a writ of error and brought the case here. The indictment charged, with the requisite certainty of time and place, that the accused married one Rowena Baldwin in 1855, and that afterwards, at a day named, in 1861, he married and took to wife, in the city of New York, one Jane A. Brett, “ the said Rowena being then and…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The only question upon which any doubt can be entertained in this case relates to the sufficiency of the indictment. The statute declares, that every person having a wife living, who shall marry any other person, "except in the cases specified in the next section, shall be adjudged guilty of bigamy," c. (2 R.S., 687, § 8.) The next section declares, that the preceding one "shall not extend to" certain persons and cases, which are arranged in six classes. They…
2Cases cited2 opinions
- People v. RyndersNew York Supreme Court · 1834
- State v. PalmerSupreme Court of Vermont · 1846
3Cited by83 opinions
- Morrison v. CaliforniaSupreme Court of the United States · 1934
- United States v. FleischmanSupreme Court of the United States · 1950
- People v. KohutNew York Court of Appeals · 1972
- Harris v. . WhiteNew York Court of Appeals · 1880
- Hutchins v. KimmellMichigan Supreme Court · 1875
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