Commonwealth v. McGrath
Massachusetts Supreme Judicial Court
Indictment, on the Pub. Sts. e. 207, § 4, alleging that the defendant, on January 23, 1880, at New York, in the State of New York, was lawfully married to one Nettie Wilfert, and the .said Nettie then and there had for his wife; and that the said defendant afterwards, to wit, on September 3,1883, at Uxbridge, in the county of Worcester, feloniously and unlawfully did marry and take to wife one Bridget Parrón, the said defendant “ then and there being married, and the lawful…
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Indictment, on the Pub. Sts. e. 207, § 4, alleging that the defendant, on January 23, 1880, at New York, in the State of New York, was lawfully married to one Nettie Wilfert, and the .said Nettie then and there had for his wife; and that the said defendant afterwards, to wit, on September 3,1883, at Uxbridge, in the county of Worcester, feloniously and unlawfully did marry and take to wife one Bridget Parrón, the said defendant “ then and there being married, and the lawful husband of said Nettie Wilfert, the said Nettie being his former wife and living; and said McGrath never having been…
1Opinion of the CourtW. Allen, J.
The Pub. Sts. e. 207, § 4, provide that “ whoever, having a former husband or wife living, marries another person,y shall be deemed guilty of polygamy. To convict a defendant of the offence, it must be alleged and proved that he had a wife living at the time of the second marriage. This is sufficiently alleged in the indictment, and the motion to quash was properly overruled.
The only exception to the evidence of the former marriage is, that there was a variance between the allegation and the proof. The indictment alleges a marriage on January 23, 1880, and the evidence was of a marriage on…
2Cases cited1 opinion
- Inhabitants of Hyde Park v. Inhabitants of CantonMassachusetts Supreme Judicial Court · 1881
3Cited by9 opinions
- Turner v. WilliamsMassachusetts Supreme Judicial Court · 1909
- People v. LaMarrCalifornia Supreme Court · 1942
- Veazie v. StaplesMassachusetts Supreme Judicial Court · 1941
- People v. SpitzerCalifornia Court of Appeal · 1922
- Dunlap v. StateTennessee Supreme Court · 1912
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