Legal Opinion

May v. State

Court of Appeals of Texas

Decided July 1, 1878PublishedCited by 2 opinions

Appeal from the District Court of Clay. Tried below before the Hon. J. A. Carroll. The indictment charged that the appellant, “in the county of Clay and state of Texas, on the 21st of October, 1877, with force and arms, did unlawfully marry and take to wife one M. J. Morris, a female of the age of sixteen years, the said H. H. May being then and there an adult male person, the said H. H. May having then and there a former living, lawful wife, to whom he had been previously…

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Appeal from the District Court of Clay. Tried below before the Hon. J. A. Carroll. The indictment charged that the appellant, “in the county of Clay and state of Texas, on the 21st of October, 1877, with force and arms, did unlawfully marry and take to wife one M. J. Morris, a female of the age of sixteen years, the said H. H. May being then and there an adult male person, the said H. H. May having then and there a former living, lawful wife, to whom he had been previously lawfully married, to-wit, one Adaline May, formerly Adaline Gary—the said H. H. May well knowing that his said former…

1Opinion of the CourtWhite, J.

Our statute with regard to unlawful marriage reads : “If any person who has a former husband or wife living shall marry another in this state, such person shall be punished by imprisonment in the penitentiary for a term not exceeding three years.” Pasc. Dig., art. 2014.

“ Art. 2015. The provisions of the preceding article *425shall not extend to any person whose husband or wife shall have been continually remaining out of the state, or shall have voluntarily withdrawn from the other and remained absent for five years, the person marrying again not knowing the other to be living within that time.…

2Cited by2 opinions

  1. Fletcher v. StateIndiana Supreme Court · 1907
  2. Oxford v. StateCourt of Criminal Appeals of Texas · 1927

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