Mitchell v. State
Supreme Court of Georgia
Criminal law. Husband and wife. Charge of Court, Before Judge Crisp. Sumter Superior Court. April Adjourned Term, 1879. Mitchell was indicted for bigamy, and charged with having first married one Rosa Marshall, and afterwards one Fanny Scrutchins, also known as Fanny Mitchell.
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Criminal law. Husband and wife. Charge of Court, Before Judge Crisp. Sumter Superior Court. April Adjourned Term, 1879. Mitchell was indicted for bigamy, and charged with having first married one Rosa Marshall, and afterwards one Fanny Scrutchins, also known as Fanny Mitchell. His line-of defense was that he was living with Fanny at the time of the passage of the aet of 1866,-and she therefore was his lawful wife; that the marriage to Rosa was void, and the subsequent formal union with Fanny was not illegal, -even though it may have been unnecessary. He was convicted, and moved for a new…
1Opinion of the Court
Jackson, Justice.
There does not appear to be any error in this record except in one charge of the court. It will be seen that the ■court charged the jury as follows:
“ That in order for defendant to show that the relation of man and wife existed.between him and Fanny on the 9th •day of March, 1866, he must prove that he and Fanny were living together on that exaet clay, and that if he fails to do this, then he fails to prove the relation of man and wife under the act of 1866.”
The jury may have been misled by this charge in two respects, and it is erroneous to that extent.
1. The words “on that…
2Cases cited1 opinion
- Crawford v. StateSupreme Court of Georgia · 1852
3Cited by1 opinion
- Colbert v. StateSupreme Court of Georgia · 1893