State v. Bray
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Pasquotank County, at the Spring Term, 1852, his Honor Judge Battle presiding. This indictment is for bigamy, and charges the first marriage to have been in Pasquotank county in this State.
Read the full summary
Appeal from the Superior Court of Law of Pasquotank County, at the Spring Term, 1852, his Honor Judge Battle presiding. This indictment is for bigamy, and charges the first marriage to have been in Pasquotank county in this State. On the trial, the person, who celebrated it, testified, that it was in Camdén county ; and that at the time he was a regularly licensed preacher of the Methodist Episcopal Church, and was recognised by that denomination as a regular minister of that church, and occasionally'preached in the Methodist Churches, but had not the charge of any particular church, or…
1Opinion of the CourtRuffin, J.
The Court considers the first instruction right. The offence consists in the second marriage, and therefore it must be truly laid, in respect of the place, and the indictment must be in the same county. The first marriage must, indeed, be set forth; because the second marriage is criminal, by reason only, that the first wife was living. But, if she was living, the crime is complete, without regard to the place where the first marriage was had. Therefore, although time and placeare, according to the precedents, usually annexed to every fact alleged in an indictment, yet, in this instance,…
2Cited by3 opinions
- State v. LynchSupreme Court of North Carolina · 1980
- State v. BarberSupreme Court of North Carolina · 1986
- State v. LynchCourt of Appeals of North Carolina · 1980