State v. . Ray
Supreme Court of North Carolina
Appeal from E. B. Jones, J., September Term, 1908,- of Ala-MANCE. Indictment for bigamy. There was evidence on the part of the State to show that defendant intermarried with a former wife, E. T. Eay, in this State, in March, 1895, had two children born of the marriage, and that said E. T. Eay is still living; that defendant, 'later, to-wit, in August, 1902, having separated from his wife, E. T. Eay, married one Annie B. Lemonds, who is still living and a witness in the…
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Appeal from E. B. Jones, J., September Term, 1908,- of Ala-MANCE. Indictment for bigamy. There was evidence on the part of the State to show that defendant intermarried with a former wife, E. T. Eay, in this State, in March, 1895, had two children born of the marriage, and that said E. T. Eay is still living; that defendant, 'later, to-wit, in August, 1902, having separated from his wife, E. T. Eay, married one Annie B. Lemonds, who is still living and a witness in the cause; that this second ceremony took place in Danville, Ya., in August, 1902, and after it occurred the parties returned .to…
1DissentClark, C. J.
We do not refer to many of the interesting questions presented in defendant's case on appeal, for the reason that the Court is of opinion that in no aspect of the State's testimony can the defendant be convicted of the offense charged in the bill of indictment. The State does not contend or claim that such conviction can be upheld, except under our statute against bigamy (Rev. 1905, sec. 3361). On matters relevant to this inquiry, this section of our law provides as follows:
"3361. Bigamy. — If any person, being married, shall marry any other person, during the life of the former husband or…
2Cases cited7 opinions
- State v. . CutshallSupreme Court of North Carolina · 1892
- State v. . CutshallSupreme Court of North Carolina · 1891
- State v. LongSupreme Court of North Carolina · 1907
- State v. PalmerSupreme Court of Vermont · 1846
- State v. FitzgeraldSupreme Court of Missouri · 1882
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Green v. StateIndiana Supreme Court · 1953
- State v. . HerronSupreme Court of North Carolina · 1917
- State v. . JonesSupreme Court of North Carolina · 1946
- People v. MacDonaldCalifornia Court of Appeal · 1938
- Wilson v. StateCourt of Criminal Appeals of Oklahoma · 1919
5 more not listed; retrieve them via the Exa API.