Legal Opinion

Booker v. State

Alabama Court of Appeals

Decided January 20, 1931No. 5 Div. 817PublishedCited by 3 opinions

1Opinion of the Court

BRICKEN, P. .T.

The offense charged by indictment against this appellant, and for which h^e was tried and convicted, was bigamy. The indictment, in proper form and substance, charged that he, having a wife then living, unlawfully married one Annie Bell Haggans, etc.

Necessary to a conviction under this indictment the state was under the burden, as in all criminal cases, to establish the corpus delicti by competent and sufficient proof. The corpus delicti in a charge of this character consists (1) that there was a subsisting, valid prior marriage entered into by the accused, and (2) that a…

2Cases cited4 opinions

  1. Morningstar v. StateSupreme Court of Alabama · 1875
  2. Stone v. StateSupreme Court of Alabama · 1896
  3. McCaig v. StateAlabama Court of Appeals · 1918
  4. Shoults v. StateAlabama Court of Appeals · 1922

3Cited by3 opinions

  1. Edwards v. StateAlabama Court of Appeals · 1949
  2. Echols v. StateAlabama Court of Appeals · 1951
  3. Lashley v. StateAlabama Court of Appeals · 1938

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