Legal Opinion

State v. Cooper

Supreme Court of Missouri

Decided October 15, 1890PublishedCited by 16 opinions

Appeal from, Buchanan Circuit Court. — Hon. Silas Woodson, Judge. On an indictment for bigamy; the first marriage will not be inferred or presumed from matrimonial cohabitation, with the reputation of being married persons, coupled with, the admissions oí the defendant during such cohabitation that they were married.

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Appeal from, Buchanan Circuit Court. — Hon. Silas Woodson, Judge. On an indictment for bigamy; the first marriage will not be inferred or presumed from matrimonial cohabitation, with the reputation of being married persons, coupled with, the admissions oí the defendant during such cohabitation that they were married. While such proof is sufficient in a civil case where only one. presumption can arise, the rule is necessarily different in the case of bigamy, where the presumption of innocence arising from the. second marriage nullifies and overthrows the presumption of the first marriage…

1Opinion of the CourtThomas, J.

The defendant was tried for and convicted of bigamy in the criminal court of Buchanan county and was sentenced to imprisonment in the penitentiary for four years and six months, and the case is here on his appeal.

*268The testimony shows that in the early part of April, 1887, defendant told a friend of his that he intended marrying Lavina Atkins, who was at the time a widow; that shortly after that, in the latter part of the same month, he represented that they had married, and they commenced living and cohabiting together as man and wife, and he introduced her and held her out to the public, and…

2Cases cited4 opinions

  1. Dyer v. BrannockSupreme Court of Missouri · 1877
  2. Cargile v. WoodSupreme Court of Missouri · 1876
  3. Commonwealth v. JacksonCourt of Appeals of Kentucky · 1876
  4. State v. OsborneSupreme Court of Missouri · 1878

3Cited by16 opinions

  1. State v. UlrichSupreme Court of Missouri · 1892
  2. Jackson v. PhalenSupreme Court of Missouri · 1911
  3. Great Northern Ry. Co. v. JohnsonCourt of Appeals for the Eighth Circuit · 1918
  4. State v. HarrisSupreme Court of Missouri · 1920
  5. Coy v. HumphreysMissouri Court of Appeals · 1910

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