Bennett v. State
Mississippi Supreme Court
Appeal from the circuit court of Yazoo county. Hon. W. A. Henry, Judge. James G. Bennett was convicted of bigamy and appeals. The facts are fully stated in the opinion of the court. In our reports, without a single exception, every case to he found supports the rule that the party assailing the validity of a marriage has the burden to show that there was no divorce, although such burden involves proof of a negative.
Read the full summary
Appeal from the circuit court of Yazoo county. Hon. W. A. Henry, Judge. James G. Bennett was convicted of bigamy and appeals. The facts are fully stated in the opinion of the court. In our reports, without a single exception, every case to he found supports the rule that the party assailing the validity of a marriage has the burden to show that there was no divorce, although such burden involves proof of a negative. Hull v. Rawls, 27 Miss. 471; Spears v. Benton, 31 Miss. 554; Gibson v. State, 38 Miss. 313; Collins v. Wilkie, 48 Miss. 496; Railway v. Beardsley, 79 Miss. 417; and K. of P. v.…
1Opinion of the Court
McLain, C.
Appellant was indicted, tried, and convicted at the April term, 1911, of the circuit court of Yazoo county for bigamy, and was sentenced to the penitentiary for ten years. From this judgment and sentence he appeals to this court.
The evidence shows conclusively that on September 20, 1890, in Columbia, S. C., he was duly and legally married to Miss Ella M. Gilman, and that they lived together as man and wife in said city of Columbia. By this union, four children were born to them. In October, 1899, appellant left Columbia and his wife and children, and never returned. On March 16,…
2Cases cited15 opinions
- United States v. CookSupreme Court of the United States · 1872
- Fleming v. . the PeopleNew York Court of Appeals · 1863
- State v. AbbeySupreme Court of Vermont · 1856
- Alabama & Vicksburg Railway Co. v. BeardsleyMississippi Supreme Court · 1901
- State v. WilliamsSupreme Court of Iowa · 1865
10 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Howard v. KellyMississippi Supreme Court · 1916
- Wright v. StateCourt of Appeals of Maryland · 1951
- Fuquay v. StateSupreme Court of Alabama · 1927
- Hosey v. StateMississippi Supreme Court · 1924
- Aldridge v. AldridgeMississippi Supreme Court · 1917
10 more not listed; retrieve them via the Exa API.