People v. Mosher
Court Of Oyer And Terminer New York
The prisoner was indicted for Bigamy. The facts alleged in the indictment were that Mosher married a wife in Pennsylvania and lived with her in that state for several years and left her and went to Canada and there married another woman, his wife being still living in Pennsylvania.
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The prisoner was indicted for Bigamy. The facts alleged in the indictment were that Mosher married a wife in Pennsylvania and lived with her in that state for several years and left her and went to Canada and there married another woman, his wife being still living in Pennsylvania. After his second marriage in Canada he came to Orleans county and resided there. claimed that he was entitled to an acquittal for the reason that no offence against the laws of this state was charged. insisted that by statute the offence was recognized as a crime against the laws of a place where the party was…
1Opinion of the Court
The Court held that the laws of this state had no extra territorial force, and that the second marriage in Canada was not therefore an offence against the laws of this state; and although the marriage was void by the law of the place where it was entered into, the subsequent cohabitation of the parties within this state was merely an offence against good morals, *196but was not indictable as a-crime. The marriage being void, the parties were living together in a state of adultery, which was not recognized as a crime punishable by indictment under oui laws. That the law against bigamy was not only…
2Cited by3 opinions
- In re the Estate of MayAppellate Division of the Supreme Court of the State of New York · 1952
- People v. HessAppellate Division of the Supreme Court of the State of New York · 1955
- People v. Hess, New York County Courts1955