The People v. . Faber
New York Court of Appeals
Appeal by the People, from a judgment of the General Term in the First Department, of February 2,1883, reversing a judgment of conviction of the defendant in the Court of General Sessions of New York, and granting a new trial. The defendant Constantine Faber was indicted for bigamy, and upon trial therefor at the Court of General Sessions of New York, Gildeesleeve, J., presiding, was, on December 13, 1882, convicted and sentenced to five years’ imprisonment.
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Appeal by the People, from a judgment of the General Term in the First Department, of February 2,1883, reversing a judgment of conviction of the defendant in the Court of General Sessions of New York, and granting a new trial. The defendant Constantine Faber was indicted for bigamy, and upon trial therefor at the Court of General Sessions of New York, Gildeesleeve, J., presiding, was, on December 13, 1882, convicted and sentenced to five years’ imprisonment. Both marriages took place in this State. The only evidence offered on behalf of defendant was a decree of divorce on the- ground of…
1Opinion of the CourtRapallo, J.
The question in this case is whether contracting a marriage in this State, in violation of section 49 of the act concerning divorces (2 R. S. 146), constitutes the crime of bigamy, as defined in 2 R. S. 687, sections 8, 9 ; or is punishable only as a misdemeanor. The provisions of the Revised Statutes bearing upon the question are as follows :
Article 1 of title 1, chapter 8, "part 2, relating to marriage, provides (section 5): “Ho second or other subsequent marriage shall be contracted by any person during the lifetime of any ^former husband.or wife of such person, unless—1. The marriage with…
2Cases cited2 opinions
- Wait v. . WaitNew York Court of Appeals · 1850
- People v. HoveyNew York Supreme Court · 1849
3Cited by13 opinions
- Matter of Estate of EnsignNew York Court of Appeals · 1886
- Beaudoin v. BeaudoinAppellate Division of the Supreme Court of the State of New York · 1946
- In re the Estate of ErlangerNew York Surrogate's Court · 1932
- Van Blaricum v. . LarsonNew York Court of Appeals · 1912
- Green v. McDowellMissouri Court of Appeals · 1922
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