Tagert v. State
Supreme Court of Alabama
Appeal from tlie Criminal Court of Jefferson.. Tried before Hon. S. L. Weaver. The appellant, John William Tagert, was indicted, tried and convicted of incest in February, 1905 The evidence on the trial showed that the defendant Tagert married the mother of the woman, Maud Alice Freeland, with whom he is alleged to have committed the incest, and that by said marriage he had one child, living at the time of the death of his wife, and at the time the offense was alleged to…
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Appeal from tlie Criminal Court of Jefferson.. Tried before Hon. S. L. Weaver. The appellant, John William Tagert, was indicted, tried and convicted of incest in February, 1905 The evidence on the trial showed that the defendant Tagert married the mother of the woman, Maud Alice Freeland, with whom he is alleged to have committed the incest, and that by said marriage he had one child, living at the time of the death of his wife, and at the time the offense was alleged to have been committed. The State introduced a witness, Dicia Baker,, who testified that she was a practicing physician in the…
1Opinion of the CourtTyson, J.
“Incest,” says Mr. Bishop, “where the statutes have not modified its meaning, is sexual commerce, either habitual or in a single instance, and either under a form of marriage or without it, between persons too nearly related in consanguinity or affinity to be *91entitled to intermarry.” — Bishop on Statutory Crimes, § 727.
Section 4889 of the Criminal Code reads as follows: “If any man or woman, being ivithin the degrees of consanguinity or relationship within which marriages are declared by law to be incestuous and void, and knowing of such consanguinity or relationship, intermarry, or have…
2Cases cited5 opinions
- Davis v. StateSupreme Court of Alabama · 1901
- Dearmond v. DearmondIndiana Supreme Court · 1858
- Thornton v. StateSupreme Court of Alabama · 1896
- Bigelow v. SpragueMassachusetts Supreme Judicial Court · 1886
- Pegues v. BakerSupreme Court of Alabama · 1895
3Cited by18 opinions
- Sharp v. StateSupreme Court of Alabama · 1915
- Albarran v. StateCourt of Criminal Appeals of Alabama · 2011
- Patterson v. StateSupreme Court of Alabama · 1918
- In Re the Estate of BordeauxWashington Supreme Court · 1950
- Patton v. StateSupreme Court of Alabama · 1916
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