Williams v. State
Supreme Court of Alabama
Appeal from Circuit Court of Butler. Tried before Hon. John TL Henry. Tbe appellant, George Williams, was convicted of bigamy.
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Appeal from Circuit Court of Butler. Tried before Hon. John TL Henry. Tbe appellant, George Williams, was convicted of bigamy. To prove tbe second marriage, tbe State introduced from tbe record of marriage licenses of tbe probate court of Butler-county, Alabama, a marriage license, authorizing tbe solemnization of tbe rites of matrimony between George W. Williams and Sarab E. Byrd, and a certificate of a justice of tbe peace that be bad married tbe parties on tbe 9tb day of March, 1873. There was no proof of tbe first marriage, except tbe admissions and statements of tbe accused. He stated to…
1Opinion of the CourtBrickell, C. J.
The verbal admission of a party in a civil cause, or the verbal confession of the accused in a criminal prosecution, of any fact capable of proof by parol, is admissible in evidence against him. An admission or confession verbally, of a fact of which there is higher and better evidence the party offering it can produce, is not received on the same principle and for the same reasons on which inferior evidence is always rejected. Yerbal admissions out of court are not admissible to establish records, deeds, or other writings, of which there is higher and better evidence the party can and ought…
2Cases cited4 opinions
- Martin's Heirs v. MartinSupreme Court of Alabama · 1853
- Campbell's Adm'r & Heirs v. GullattSupreme Court of Alabama · 1869
- Langtry v. StateSupreme Court of Alabama · 1857
- Frank v. StateSupreme Court of Alabama · 1866
3Cited by20 opinions
- Hubbard v. StateSupreme Court of Alabama · 1882
- State v. HughesSupreme Court of Kansas · 1886
- Fuquay v. StateSupreme Court of Alabama · 1927
- Rogers v. McLeskeySupreme Court of Alabama · 1932
- Parker v. StateSupreme Court of Alabama · 1884
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