State v. . Cutshall
Supreme Court of North Carolina
INDICTMENT against defendant and Susan E. Pickard for fornication and adultery, tried before Meares, J., at August Term, 1891, of Mecklenburg Criminal Court. The defendant aloné was on trial.
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INDICTMENT against defendant and Susan E. Pickard for fornication and adultery, tried before Meares, J., at August Term, 1891, of Mecklenburg Criminal Court. The defendant aloné was on trial. Before the plea of not guilty was entered, the defendant moved that the Court refuse to take cognizance of the criminal action, on the ground that the defendant W. T. Cutshall was brought here from the State of Tennessee upon a requisition for bigamy, issued by the Governor of North Carolina upon the Governor of Tennessee, for the execution of which one C. W. Rivenbank was appointed agent for this State.…
1Opinion of the Court
Clark, J.:
The special verdict finds that the defendant not being legally married to his co-defendant (who was not on trial), lived with her for years as man and wife. The interesting question is not now before us, whether he is not also guilty of bigamy when he has gone through the ceremony of *767marriage with her in another State, having at the time a lawful wife living. The State has chosen to prosecute him for fornication and adultery, the Court below adjudged him guilty on the special verdict, and the appeal presents the correctness of that ruling for review.
It is true that fornication and…
2Cases cited11 opinions
- State v. . BradySupreme Court of North Carolina · 1890
- State v. DonovanSupreme Court of Iowa · 1883
- State v. . McDuffieSupreme Court of North Carolina · 1890
- State v. EllisSupreme Court of Missouri · 1881
- Commonwealth v. BakemanMassachusetts Supreme Judicial Court · 1881
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