Legal Opinion

State v. Westmoreland

Supreme Court of South Carolina

Decided February 15, 1907PublishedCited by 12 opinions

Before Gage, J., Lexington, Summer Term., 1905. Indictment against Wm Westmiorefend for living in adultery with Dora Burgess. Defendant appeals. Messrs.

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Before Gage, J., Lexington, Summer Term., 1905. Indictment against Wm Westmiorefend for living in adultery with Dora Burgess. Defendant appeals. Messrs. Ehrd & Dreher cite: Evidence of the effect of the decree of divorce in Georgia should have been admitted: 176 U. S., 640. Parol evidence should not have been admitted to show the Court of Georgia had not acquired jurisdiction of plaintiff: 6 Cranch., 483; 7 How., 172; 17 How., 52; 144 U. S., H9; 2 How., 319; 14 Minn., 537; 31 Ind., 444; 29 N. Y., 106; 18 Minn., 531; 6 Pick., 232; 5 N. Y., 497; 75 Ind., 20; 139 Pa., 132; 35 Ala., 144; 23 L. R.…

1Opinion of the Court

T'he opinion of the Court was delivered by

Mr. Justice Woods.

This appeal is from a- conviction and sentence in the Court of General Sessions for Lexington County for the crime of adultery. The State proved the marriage of the defendant ito his wife Matey, his separation from her, and his living in Lexington County with one Dora Burgess as if she were his lawful wife. In support of his defense, that he had been divorced from his wife Ma’lsy,. and, therefore, could riot be guilty of the crime of adultery, defendant offered the record of divorce proceedings in the Superior Court of Richmond…

2Cases cited10 opinions

  1. Thompson v. WhitmanSupreme Court of the United States · 1874
  2. Wisconsin v. Pelican InsuranceSupreme Court of the United States · 1888
  3. Andrews v. AndrewsSupreme Court of the United States · 1903
  4. Harding v. HardingSupreme Court of the United States · 1905
  5. German Savings & Loan Society v. DormitzerSupreme Court of the United States · 1904

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3Cited by12 opinions

  1. Guinyard v. StateSupreme Court of South Carolina · 1973
  2. Nimmer's Estate v. NimmerSupreme Court of South Carolina · 1948
  3. State v. American Agricultural Chemical Co.Supreme Court of South Carolina · 1922
  4. State v. ManosSupreme Court of South Carolina · 1936
  5. State v. MooreSupreme Court of South Carolina · 1924

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