Legal Opinion

State v. Brink

Supreme Court of Vermont

Decided January 15, 1896PublishedCited by 6 opinions

Indictment for adultery. Plea, not guilty. Trial by jury at the September term, 1895, Munson, J., presiding. Verdict guilty. The respondent excepts. There was no proof of the corpus delicti. State v. Way, 6 Vt. 311; State v. Potter, 52 Vt. 33. There was no error in receiving the certificate of marriage. State v. Rood, 12 Vt 396 ; State v. Abbey, 29 Vt. 60 ; Mc-Pfuadev. Hatch, 65 Vt. 482; Peofle v. Stokes, 12 Pac.

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Indictment for adultery. Plea, not guilty. Trial by jury at the September term, 1895, Munson, J., presiding. Verdict guilty. The respondent excepts. There was no proof of the corpus delicti. State v. Way, 6 Vt. 311; State v. Potter, 52 Vt. 33. There was no error in receiving the certificate of marriage. State v. Rood, 12 Vt 396 ; State v. Abbey, 29 Vt. 60 ; Mc-Pfuadev. Hatch, 65 Vt. 482; Peofle v. Stokes, 12 Pac. Rep. 71 ; State v. Arnold, 50 Vt. 731. The corf us delicting might be shown by circumstantial evidence. State v. Bridgman, 49 Vt. 202; 2 Green]. Ev.,s. 44; Baker v. U. S., 1 Pinney…

1Opinion of the CourtTyler, J.

I. It is alleged in the indictment that Geo. Gibbs of * * * and Ida Brink, wife of S. Brink of * * * did commit the crime of adultery. The transcript of the record of the marriage certificate, which was admitted in evidence without objection, shows the marriage of Ida Culver to Consider W. Brink by E. H. Bartlett, a minister of the gospel. It is contended that there was no evidence tending to show that respondent Ida was the person named in the certificate, and consequently that there was no proof of her marriage. Assuming that she was the same person, her husband is incorrectly named either…

2Cases cited12 opinions

  1. State v. BridgmanSupreme Court of Vermont · 1876
  2. State v. EanSupreme Court of Iowa · 1894
  3. State v. PotterSupreme Court of Vermont · 1879
  4. Commonwealth v. CliffordMassachusetts Supreme Judicial Court · 1887
  5. State v. BrechtSupreme Court of Minnesota · 1889

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3Cited by6 opinions

  1. State v. WalshSouth Dakota Supreme Court · 1910
  2. Taft v. TaftSupreme Court of Vermont · 1907
  3. State v. KimballSupreme Court of Vermont · 1902
  4. Walker v. WalkerSupreme Court of Vermont · 1918
  5. State v. NorthSupreme Court of Vermont · 1916

1 more not listed; retrieve them via the Exa API.

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