Barclay v. Commonwealth
Court of Appeals of Kentucky
Case 21 — Indictment against Charles J. Barclay for Procuring one Without Authority to Solemnize a Marriage. APPEAL FROM FULTON CIRCUIT COURT.
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Case 21 — Indictment against Charles J. Barclay for Procuring one Without Authority to Solemnize a Marriage. APPEAL FROM FULTON CIRCUIT COURT. Beb’endant Convicted and Appeals. 1. The indictnient is defective. .The accusative part of it uses the words “wilfully and feloniously,” while said, words are omitted from the charging part thereof. 2. It does not appear from the indictment but what the marriage ceremony was performed simply as an innocent amusement between the person performing and the defendant and Adeline Chandler, and if it was thus done, no offense was committed. 3. It does not…
1Opinion of the Court
Opinion of the couby by
JUDGE HOBSON
Affirming.
The first question made in this case is as to the sufficiency of the indictment. The charging part of the indictment is in these words: “In the said county of Fulton, on the first day of September, 1902, and before the finding of this indictment, some man whose name to this grand jury is unknown did, without authority, solemnize a marriage between Charley Barclay and Adeline Chandler, under pretense, of having authority to do so, and that Charley Barclay at the time being present, and'well knowing that said man, whose name to this grand jury is…
2Cited by6 opinions
- Pereira v. United StatesCourt of Appeals for the Fifth Circuit · 1953
- West v. CommonwealthCourt of Appeals of Kentucky · 1922
- Castle v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1929
- Commonwealth v. AllenCourt of Appeals of Kentucky · 1921
- Martin v. CommonwealthCourt of Appeals of Kentucky · 1911
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