Legal Opinion

Taylor v. State

Mississippi Supreme Court

Decided April 15, 1876PublishedCited by 8 opinions

Error to the Circuit Court of Colfax County. Hon. J. A. Orr, Judge. The facts of tlie case necessary to a full understanding of -tbe points decided are set out in the opinion of the coürt. The errors assigned are : 1. Giving instructions for the state. 2. Refusing instructions asked by accused. 3. Refusing to grant a new trial. The 1st charge for the state is too broad. The indictment •charges a former marriage with Maria .Calvert and a second marriage with Ann Dawson.

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Error to the Circuit Court of Colfax County. Hon. J. A. Orr, Judge. The facts of tlie case necessary to a full understanding of -tbe points decided are set out in the opinion of the coürt. The errors assigned are : 1. Giving instructions for the state. 2. Refusing instructions asked by accused. 3. Refusing to grant a new trial. The 1st charge for the state is too broad. The indictment •charges a former marriage with Maria .Calvert and a second marriage with Ann Dawson. These allegations must be proved. M Miss., 569 ; 28- Miss., 637; 8 S. & M., 576. The jury should have acquitted under the…

1Opinion of the CourtChalmers, J.

The plaintiff in error was convicted of the crime of bigamy. The contest, as usual in such cases, was as to the proof of the first marriage. We think it was most conclusively established. The minister who solemnized the rights testified to the fact-and produced the marriage license with his certificate of the performance of the ceremony indorsed thereon. .

It is objected that,_ according to his own testimony, he was not properly ordained, as was shown by the testimony of another minister of the same faith. ' -'

It is well settled that his open claim of being a. minister, *87and the fact that he…

2Cases cited1 opinion

  1. Hayes v. . the PeopleNew York Court of Appeals · 1862

3Cited by8 opinions

  1. State v. MartinezIdaho Supreme Court · 1926
  2. Planters Wholesale Grocery v. KincadeMississippi Supreme Court · 1951
  3. Sims v. SimsMississippi Supreme Court · 1920
  4. Young Chung v. StateArizona Supreme Court · 1913
  5. Hutchins v. StateIndiana Supreme Court · 1898

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