Fuquay v. State
Supreme Court of Alabama
1Opinion of the CourtThomas, J.
We have carefully examined the respective opinions rendered in the Court of Appeals, and are in accord with the views expressed ■ and result announced by Judge Samford.
The common-law marriage has long been sanctioned in this state (Wall v. Williams, 11 Ala. 826; Beggs v. State, 55 Ala. 108; White v. Hill, 176 Ala. 480, 58 So. 444), and that, where the fact of such a marriage is shown by the required measure of proof, the offense of bigamy may be predicated thereon.
In such a charge the burden is upon the state to establish the corpus delicti. That is, to prove beyond a reasonablé doubt (1)…
2Cases cited47 opinions
- Hynes v. . McDermottNew York Court of Appeals · 1883
- Cartwright v. McGownIllinois Supreme Court · 1887
- Fleming v. . the PeopleNew York Court of Appeals · 1863
- Beggs v. StateSupreme Court of Alabama · 1876
- Clayton v. . WardellNew York Court of Appeals · 1850
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3Cited by22 opinions
- Beck v. BeckSupreme Court of Alabama · 1971
- Dorsey v. DorseySupreme Court of Alabama · 1953
- Hill v. LindseySupreme Court of Alabama · 1931
- Wright v. StateCourt of Appeals of Maryland · 1951
- Ex Parte MauricioSupreme Court of Alabama · 1987
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