People v. Humphrey
New York Supreme Court
THE prisoner was indicted and tried, at the last oyer and terminer in Ulster county, for bigamy. The marriage of the defendant with A~ S. on th~ 1st of August last was duly proved. It was also proved that a short time afterwards, a person calling h~rself Elizabeth Hump/zrey~ and the wife of the prisoner, peared before a justice of the peace, and charged him with the offe~ice of bigamy.
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THE prisoner was indicted and tried, at the last oyer and terminer in Ulster county, for bigamy. The marriage of the defendant with A~ S. on th~ 1st of August last was duly proved. It was also proved that a short time afterwards, a person calling h~rself Elizabeth Hump/zrey~ and the wife of the prisoner, peared before a justice of the peace, and charged him with the offe~ice of bigamy. On his examination before the magistrate, the prisoner voluntarily acknowledged that Elizabeth, who was then present, was his wife, and that they had been married about four' years before.' The counsel for the…
1Per curiam
In Morris v. Miller,* Lord Mansfield held, that in prosecutions for bigamy, as well as in ac~ *315dons for erlin. can. a marriage in fact must be proved; and the same rule was recognised in Birt v. Bar1ow.* The mere confession of the party is not sufficient cvi~ence. The prisoner must be discharged.
Prisoner discharged.
Doug. 17t.
4 Burr 2056.
2Cited by32 opinions
- Kelly's Heirs v. McGuireSupreme Court of Arkansas · 1855
- Eisenlord v. . ClumNew York Court of Appeals · 1891
- People v. KirbyMichigan Supreme Court · 1923
- State v. HughesSupreme Court of Kansas · 1886
- Fire Insurance Companies v. FelrathSupreme Court of Alabama · 1884
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