Hopper v. State
Supreme Court of Arkansas
Error to the Circuit Court of Tell County. The Hon. John J. Clendeiot, Circuit Judge. The averment that the parties were not married was a necessary one, and should have been proved. Wharton's Am. Cr. Law 132 note.a, 133 noted: 1 Ch. Cr. Law 227 et seq., .554; Wkart. Cr.'Law 216; 1 Stark. Ev. (5 Am. Ed,) 394; 1 Har. (£• J. 427; 13 Pick. 359. It is not such a matter as should come from the defence. Whart. Cr.
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Error to the Circuit Court of Tell County. The Hon. John J. Clendeiot, Circuit Judge. The averment that the parties were not married was a necessary one, and should have been proved. Wharton's Am. Cr. Law 132 note.a, 133 noted: 1 Ch. Cr. Law 227 et seq., .554; Wkart. Cr.'Law 216; 1 Stark. Ev. (5 Am. Ed,) 394; 1 Har. (£• J. 427; 13 Pick. 359. It is not such a matter as should come from the defence. Whart. Cr. L. 138; 1 McCord 365; 2 Russ. on Cr. 691; 10 East 216; Clayton vs. Wardell 4 Corns. Rep. 122. The averment is of a negative character, and whether any evidence is required on the part of…
1Opinion of the CourtJustice Hanly
Hopper was indicted in the Yell Circuit Court, under the 4th sect, of the 2d art., part VIII, of the 51st chap, of the Digest, as follows: “ That Samuel Hopper and Elizabeth Parker, late of said county, on the first day of September, one thousand eight hundred and fifty-five, in the county aforesaid, did live together as husband and wife, without being married, contrary to the form of the Statute, etc.”
At the September term, 1856, he was tried by a jury, who returned a verdict of guilty, and he was fined twenty dollars.
Motion for a new trial, setting out as grounds:
1st. The finding of the…
2Cases cited3 opinions
- United States v. HaywardU.S. Circuit Court for the District of Massachusetts · 1815
- Shearer v. StateIndiana Supreme Court · 1844
- Haskill v. CommonwealthCourt of Appeals of Kentucky · 1843
3Cited by7 opinions
- McDonald v. StateSupreme Court of Arkansas · 1907
- Moore v. StateSupreme Court of Arkansas · 1922
- Rogers v. SkowSupreme Court of Arkansas · 1935
- Cox v. Andrews (In re Andrews)United States Bankruptcy Court, E.D. Arkansas · 2011
- State v. HillmanMissouri Court of Appeals · 1907
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