Legal Opinion

Bashaw v. State

Tennessee Supreme Court

Decided January 15, 1829PublishedCited by 5 opinions

This was an indictment, commenced and tried in the circuit court of Davidson county, and brought to this court by appeal in the nature of a writ of error; on the trial in the circuit court, a bill of exceptions was taken, which shows the case as follows: “the attorney general on behalf of the State, proved, that some time in the year 1797, the defendant, (who is the plaintiff in error, in this court) and Sally Cole, appeared in the county of Davidson before Isaac Walton, a…

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This was an indictment, commenced and tried in the circuit court of Davidson county, and brought to this court by appeal in the nature of a writ of error; on the trial in the circuit court, a bill of exceptions was taken, which shows the case as follows: “the attorney general on behalf of the State, proved, that some time in the year 1797, the defendant, (who is the plaintiff in error, in this court) and Sally Cole, appeared in the county of Davidson before Isaac Walton, a justice of the peace of Sumner county, who had no licence authorizing the solemnization of the marriage ceremony; and…

1Opinion of the Court

Whyte, J udge.

The question presented upon this record for the opinion of the courtis, whether the evidence adduced in support of the prosecution warranted the conviction of the plaintiff in error, of the crime of Bigamy.

In support of the conviction it is argued by the counsel for the State, that by the common law, which is founded on the scriptures, the opinion of the ancient iatin fathers of the church, the --of the general counsel of bishops, &c. &c. from which, together with the civil law, the common lawyers have borrowed almost all their notions of the legitimacy of marriage, no…

2Cited by5 opinions

  1. Coulter v. HendricksCourt of Appeals of Tennessee · 1995
  2. Crawford v. CrawfordTennessee Supreme Court · 1955
  3. Bryant v. TownsendTennessee Supreme Court · 1949
  4. Madewell v. United StatesDistrict Court, E.D. Tennessee · 1949
  5. Universal Life Church Monastery v. Wayne NaborsCourt of Appeals for the Sixth Circuit · 2022

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