Lane v. State
Mississippi Supreme Court
From the circuit court of Claiborne, county. . . Hon. George Anderson, Judge. Lane, alias Sykes, was indicted, tried and convicted of bigamy, and appealed to the supreme court. The facts, upon which the case was' decided, are stated in the opinion of the court. The first essential element of bigamy is a valid marriage, entered into by the defendant prior to the alleged bigamous marriage. An indictment for bigamy cannot be sustained where the prior marriage was void.
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From the circuit court of Claiborne, county. . . Hon. George Anderson, Judge. Lane, alias Sykes, was indicted, tried and convicted of bigamy, and appealed to the supreme court. The facts, upon which the case was' decided, are stated in the opinion of the court. The first essential element of bigamy is a valid marriage, entered into by the defendant prior to the alleged bigamous marriage. An indictment for bigamy cannot be sustained where the prior marriage was void. Davis v. Com., 13 Bush (Ky.), 318; Hull v. State, 1 Texas App., 593; Brealcey v. Brealcey, 2 IJ. O. Q. B., 353. It is clear that…
1Opinion of the CourtWhitfield, C. J.
The rule is thoroughly settled that one indicted for bigamy must be acquitted on that indictment if he can show that the first mariage alleged in the indictment is void by reason of the existence of a prior lawful marriage, still existing. State v. Goodrich, 14 W. Va., 834; Commonwealth v. McGrath, 140 Mass., at pages 297, 298, 6 N. E., 515; Am. & Eng. Enc. Law (2d ed.), vol. 4, p. 38; Crawford's Case, 73 Miss., 172, 18 South., 848, 35 L. R. A., 224. In Goodrich's Case, supra, the court said: “The defense which the prisoner sought to establish by the evidence which the court rejected was that…
2Cases cited3 opinions
- State v. GoodrichWest Virginia Supreme Court · 1878
- Commonwealth v. McGrathMassachusetts Supreme Judicial Court · 1885
- Crawford v. StateMississippi Supreme Court · 1895
3Cited by4 opinions
- People v. LaMarrCalifornia Supreme Court · 1942
- Saucier v. StateMississippi Supreme Court · 1909
- People v. SpitzerCalifornia Court of Appeal · 1922
- State v. WilsonSupreme Court of Missouri · 1925