Legal Opinion

Allen v. State

Court of Appeals of Georgia

Decided January 6, 1916No. 6406PublishedCited by 9 opinions

Indictment for bigamy; from Fulton superior court — Judge B. H. Hill. February 6, 1915.

1Opinion of the CourtRussell, C. J.

Allen was charged with bigamy, in that, having a lawful wife, Mrs. A. M. Allen, he did intermarry with one Fanny Avery, knowing at the time he did so that Mrs. A. M. Allen was in life. There was sufficient evidence to support the facts alleged in the indictment, and, in fact, the defendant admitted all the facts alleged therein. The person with whom he entered into the second marriage, however, testified that at the time of her marriage with him she had a husband in life, then living in South Carolina, and from whom she was not divorced. Hpon this testimony the whole groundwork of the defense…

2Cases cited2 opinions

  1. Nelms v. StateSupreme Court of Georgia · 1890
  2. McBride v. GraeberCourt of Appeals of Georgia · 1915

3Cited by9 opinions

  1. Campbell v. AllenSupreme Court of Georgia · 1951
  2. United States v. AliCourt of Appeals for the Sixth Circuit · 2009
  3. State v. FitzgeraldSupreme Court of Kansas · 1986
  4. United States v. LeeU.S. Navy-Marine Corps Court of Military Review · 1991
  5. Pitts v. StateSupreme Court of Georgia · 1918

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