Garner v. State
Alabama Court of Appeals
Appeal from Chilton Circuit Court. Heard before Hon. W. W. Pearson. Ernest Garner was convicted of bigamy and he appeals.
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Appeal from Chilton Circuit Court. Heard before Hon. W. W. Pearson. Ernest Garner was convicted of bigamy and he appeals. The court erred in refusing to let the defendant show that his first marriage was contracted before the age of statutory consent, and that he disaffirmed it prior to his second marriage. — Sec. 4879, Code 1907; Beggs v. State, 55 Ala. 108; Gooley’s Oase, 55 Ala. 162. The defendant should have been permitted to show whether he knew his first wife was living or dead, before he contracted the second marriage. — Sec. 6390, Code 1907. The certified copy of the former marriage…
1Opinion of the Court
PELHAM, J. —
While an infant under the age of consent, being at the time between 14 and 15 years of age, the defendant contracted a marriage, which was followed by voluntary cohabitation of the parties to the ceremony in recognition of the marital relation for a short time (not more than a day or two, according to the defendant’s testimony on the trial), when he left *62Iter. Subsequently, about five years thereafter, the first marriage not having been annulled, by judicial proceedings, the defendant married another woman, and Avas •prosecuted for bigamy for having contracted this second…
2Cases cited5 opinions
- Beggs v. StateSupreme Court of Alabama · 1876
- Walls v. StateSupreme Court of Arkansas · 1877
- State v. ConeWisconsin Supreme Court · 1893
- Eldridge v. StateSupreme Court of Alabama · 1899
- Rand v. StateSupreme Court of Alabama · 1900
3Cited by6 opinions
- Alexander v. United StatesCourt of Appeals for the D.C. Circuit · 1943
- Edwards v. StateAlabama Court of Appeals · 1949
- Taylor v. TaylorSupreme Court of Alabama · 1947
- Owen v. CoffeySupreme Court of Alabama · 1918
- Tyson v. StateSupreme Court of Florida · 1922
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