Caldwell v. State
Supreme Court of Alabama
Appeal from Elmore Circuit Court. Heard before Hon. S. L. Brewer. The defendant was indicted and convicted of bigamy, in that he unlawfully married one Lydia Edwards, having a wife then living'. Demurrer was interposed to the indictment, for failing to show that the co-habitation as therein charged, occurred in the state of Alabama.
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Appeal from Elmore Circuit Court. Heard before Hon. S. L. Brewer. The defendant was indicted and convicted of bigamy, in that he unlawfully married one Lydia Edwards, having a wife then living'. Demurrer was interposed to the indictment, for failing to show that the co-habitation as therein charged, occurred in the state of Alabama. The court erred in allowing letters to be- introduced written by the defendant to his wife in South Carolina. — Owen v. The State, 78 Ala. 429; 'Beveridge v. Minter, 1 C. & P. 364; Wottrich v. Freeman, 71 N. T. 601; Baffin v. Jones, 13 Pick. 441; Brown Wood, 121…
1Opinion of the CourtWeakley, C. J.
It was not necessary to aver in the indictment that the bigamous cohabitation occurred in this state, or within the county of Elmore. Said averment is dispensed Avith by § 4902 of the criminal code of 1896. The proof of venue was abundant.
The witness Wingo, a brother of the- first and legal wife, gave PAddence, Avhich if believed beyond a reasonable doubt, proved, defendant’s marriage to his sister in South Carolina in 1899, his living with her as husband, and that she Avas still living at the time of the trial. For the purpose of supplementing this evidence, it Aims competent to prove acts…
2Cases cited2 opinions
- Edmundson v. StateSupreme Court of Alabama · 1850
- Dickson v. StateCourt of Criminal Appeals of Texas · 1894
3Cited by13 opinions
- Wolfle v. United StatesSupreme Court of the United States · 1934
- Ex Parte BankheadSupreme Court of Alabama · 1991
- Henderson v. StateCourt of Criminal Appeals of Alabama · 1990
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- People v. PalumboIllinois Supreme Court · 1955
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