Witt v. State
Alabama Court of Appeals
Appeal from Madison Law and Equity Court. Heard before Hon. James H. Ballentine. William Witt was convicted of bigamy and he appeals.
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Appeal from Madison Law and Equity Court. Heard before Hon. James H. Ballentine. William Witt was convicted of bigamy and he appeals. The court erred in refusing to grant the motion to quash the indictment, and also erred in overruling demurrers thereto. — Parker v. The State, 114 Ala. 690; Griffith v. The State, 90 Ala 583. The certified copies of the record in the Tennessee Court did not comply with the requirements of the United States statutes, and were hence, not admissible. The court erred in the admission of testimony. — 12 Cyc. 382. The divorce had been granted and charge 2 should…
1Opinion of the Court
PELHAM, J. —
The defendant was convicted of bigamy, and appeals.
The charging part of the indictment, as set out in the record, is as follows: “The grand jury of said county charge that, before the finding of this indictment, William Witt, having a wife then living, unlawfully married on Pearl Randolph, against the peace and dignity *139of the state of Alabama.” It is insisted, and was raised’ by motion and demurrer in the trial court, that the indictment is void, or fails to charge an offense, because, first, it does not aver that the defendant married “one” Pearl Randolph; and, second, for that…
2Cases cited18 opinions
- Johnson v. StateSupreme Court of Alabama · 1893
- Johnson v. StateSupreme Court of Alabama · 1891
- Grant v. StateSupreme Court of Alabama · 1876
- Pate v. StateSupreme Court of Alabama · 1891
- Reid v. StateSupreme Court of Alabama · 1910
13 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Evans v. EvansSupreme Court of Alabama · 1917
- Cook v. StateCourt of Criminal Appeals of Alabama · 1977
- Mitchell v. StateAlabama Court of Appeals · 1938
- Holland v. StateAlabama Court of Appeals · 1914
- Northern v. StateCourt of Criminal Appeals of Texas · 1948
4 more not listed; retrieve them via the Exa API.