State v. LaBore
Supreme Court of Vermont
Indictment for bigamy. The first count set forth, “ that Rob- “ ert LaBore, of Potton, Canada East, on the — day of-, “ A. D. 18 — , at --, in ■-, did marry one Catherine “ Pratt, and her, the said Catherine, then and there had for his “ wife, and that the said Robert LaBore afterwards, to wit, on the “ 24th day of April, A. D. 1853, at Marshfield, in said county of “ Washington, with force and arms, at said Marshfield, feloniously “ did marry, and to wife did take, one Mary…
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Indictment for bigamy. The first count set forth, “ that Rob- “ ert LaBore, of Potton, Canada East, on the — day of-, “ A. D. 18 — , at --, in ■-, did marry one Catherine “ Pratt, and her, the said Catherine, then and there had for his “ wife, and that the said Robert LaBore afterwards, to wit, on the “ 24th day of April, A. D. 1853, at Marshfield, in said county of “ Washington, with force and arms, at said Marshfield, feloniously “ did marry, and to wife did take, one Mary Wheat, of said “ Marshfield, the said Catherine, his former wife, being then and “ still alive, contrary,” &c. The…
1Opinion of the Court
The opinion of the court was delivered by
Redeield, Ch. J.
It seems to be regarded as a uniform rule of pleading, applicable to indictments, that every traversable fact must be directly alleged, with time and place. The first marriage, in prosecutions for bigamy, is always traversable, and must be established, by positive proof of the very fact of marriage, if such proof is attainable. It is not claimed, that such fact is here so alleged, the time and place being both blank. This merely is formal, and of the least possible importance, but unless all form is to be disregarded, (which we could…
2Cited by8 opinions
- McAfee v. StateCourt of Criminal Appeals of Texas · 1897
- Moline v. StateNebraska Supreme Court · 1903
- Bryan v. StateCourt of Criminal Appeals of Texas · 1908
- Ford v. StateArizona Supreme Court · 1920
- Hutchins v. StateIndiana Supreme Court · 1867
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