Legal Opinion

Oneale v. Commonwealth

Supreme Court of Virginia

Decided January 15, 1867PublishedCited by 12 opinions

At the October term 1866 of the Circuit court of the county of Rockingham, Timothy Oneale was indicted and tried for bigamy.

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At the October term 1866 of the Circuit court of the county of Rockingham, Timothy Oneale was indicted and tried for bigamy. The indictment charged that on the 24th of April, 1854, in the county of Orange, in the state of New York, the prisoner did marry one Mary Sheridan, a single woman, and that he afterwards, and whilst so married to the said Mary, on the 16th of February, 1865, in the county of Rockingham and state of Virginia, married Caroline Moyerhoeffer, his former wife being alive. *On the trial, and after all the evidence had been introduced, the prisoner moved the court to give to…

1Opinion of the CourtRives, J.

This is a conviction of bigamy before the Circuit court of Rockingham. Three grounds of error are assigned: 1st, the refusal to give the eleven instructions asked for by prisoner’s counsel; 2nd, the giving of the instruction *asked for by the commonwealth’s attorney; and 3d, the denial of a motion for a new trial. They are severally set out in th.e first, second and third bills of exception, together w-ith the action of the court thereon, all consecutively- appearing in the record, so that it is unnecessary to recapitulate them here, except so far as it shall be necessary to eliminate the…

2Cases cited1 opinion

  1. Vaiden v. CommonwealthSupreme Court of Virginia · 1855

3Cited by12 opinions

  1. State v. HughesSupreme Court of Kansas · 1886
  2. Womack v. TankersleySupreme Court of Virginia · 1883
  3. Bird v. CommonwealthSupreme Court of Virginia · 1871
  4. Branch's Administratrix v. Booker's AdministratorSupreme Court of Virginia · 1812
  5. Branch's Administratrix v. Booker's AdministratorSupreme Court of Virginia · 1812

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