Legal Opinion

Fuquay v. State

Supreme Court of Alabama

Decided June 18, 1927No. 5 Div. 983PublishedCited by 22 opinions

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

  1. Hynes v. . McDermottNew York Court of Appeals · 1883
  2. Cartwright v. McGownIllinois Supreme Court · 1887
  3. Fleming v. . the PeopleNew York Court of Appeals · 1863
  4. Beggs v. StateSupreme Court of Alabama · 1876
  5. Clayton v. . WardellNew York Court of Appeals · 1850

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

3Cited by22 opinions

  1. Beck v. BeckSupreme Court of Alabama · 1971
  2. Dorsey v. DorseySupreme Court of Alabama · 1953
  3. Hill v. LindseySupreme Court of Alabama · 1931
  4. Wright v. StateCourt of Appeals of Maryland · 1951
  5. Ex Parte MauricioSupreme Court of Alabama · 1987

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

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