Kopke v. People
Michigan Supreme Court
Error to Recorder’s Court, of Detroit. Information for bigamy. Respondent was convicted. An indictment must allege all facts necessary to a conviction, State v. Wilson 2 Mill 135; State v. Philbrich 31 Me. 401; People v. Aro 6 Gal. 207; Marble v. State 3 Ind. 535.; Dillingham v. State 5 Ohio St. 280; State ■ v. Henderson 1 Rich. 179; Tennessee v. Fields Mart. & Y. 137; and facts not charged will not be inferred, Meca's v. Com. 2 Grant’s Cases 385; an indictment for bigamy…
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Error to Recorder’s Court, of Detroit. Information for bigamy. Respondent was convicted. An indictment must allege all facts necessary to a conviction, State v. Wilson 2 Mill 135; State v. Philbrich 31 Me. 401; People v. Aro 6 Gal. 207; Marble v. State 3 Ind. 535.; Dillingham v. State 5 Ohio St. 280; State ■ v. Henderson 1 Rich. 179; Tennessee v. Fields Mart. & Y. 137; and facts not charged will not be inferred, Meca's v. Com. 2 Grant’s Cases 385; an indictment for bigamy should allege the first marriage to have been lawful, King v. State 40 Ga. 244; and that the second was unlawful, State v.…
1Opinion of the CourtCampbell, J.
Respondent Kopke was convicted in the Recorder’s court of Detroit of bigamy, the first marriage being alleged to have taken place in Ohio, on the 9th of May, 1879, and the second at Detroit, on the. 29th of the same month, Exceptions are alleged on several grounds.
We do not think the information is bad for failure to allege the exceptions to the statute and negative, their existence. It avers both marriages, and that the first wife was living when the second marriage took place. It is in the form-commonly used and approved by Mr. Archbold. Archb. Cr. PI. 610. An averment setting out the first…
2Cases cited2 opinions
- Hutchins v. KimmellMichigan Supreme Court · 1875
- People v. LambertMichigan Supreme Court · 1858
3Cited by10 opinions
- Ferrell v. StateSupreme Court of Florida · 1903
- Baker v. StateNebraska Supreme Court · 1910
- McClory v. RicksNorth Dakota Supreme Court · 1902
- McCombs v. StateCourt of Criminal Appeals of Texas · 1906
- Bridge v. PeopleSupreme Court of Colorado · 1917
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