State v. Charles C.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. (1) The authorities are conflicting as to whether an honest but erroneous belief in the existence of a valid decree of divorce will constitute a defense to a. prosecution for, bigamy. The greater weight of authority is to the effect that it will not.
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Appeal from St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. (1) The authorities are conflicting as to whether an honest but erroneous belief in the existence of a valid decree of divorce will constitute a defense to a. prosecution for, bigamy. The greater weight of authority is to the effect that it will not. Davis v. Com., 13 Bush (Ky.) 318; State v. Armington, 25 Minn. 29; Squire v. State, 46 Ind. 459; R. S. 1909, sec. 4721. (2) The evidence was sufficient to sustain the verdict. The evidence shows that the appellant was married to Jeanette on the 7th day of October, 1908, and…
1Opinion of the CourtFerriss, J.
The defendant was convicted in the circuit court of the city of St. Louis of bigamy, and sentenced to two years in the penitentiary.
The evidence for the State established the fact of the second marriage, and the further fact that at the time of such marriage defendant had a former wife living, undivorced.
The defense gave evidence tending to prove that the defendant had received a copy of a newspaper about September 1, 1908, which contained a notice of publication of a divorce suit instituted by his former wife, and which notified him to appear on the 5th day of October following to plead to…
2Cases cited5 opinions
- State v. ArmingtonSupreme Court of Minnesota · 1878
- Squire v. StateIndiana Supreme Court · 1874
- Commonwealth v. HaydenMassachusetts Supreme Judicial Court · 1895
- Davis v. CommonwealthCourt of Appeals of Kentucky · 1877
- Dotson v. StateSupreme Court of Alabama · 1878
3Cited by3 opinions
- Alexander v. United StatesCourt of Appeals for the D.C. Circuit · 1943
- Beecham v. Greenlease Motor Co.Missouri Court of Appeals · 1931
- Duncan v. StateCourt of Criminal Appeals of Oklahoma · 1923