State v. Lindsey
New Mexico Supreme Court
Appeal from District Court, McKinley County; Ryan, Judge. Jacob A. Lindsey was convicted of bigamy, and he appeals, The indictment fails to state an offense, in that bigamy was not a crime at common law and the indictment fails to allege intent to commit the crime. 7 C. J. 1158; 5 Cye. 628; Black’s L. Diet. 131. For definitions of bigamy see, Whart. Cr. L. Under the definition bigamy was offense at common law and section .1775, Code 1915, recognizes the common law offense.
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Appeal from District Court, McKinley County; Ryan, Judge. Jacob A. Lindsey was convicted of bigamy, and he appeals, The indictment fails to state an offense, in that bigamy was not a crime at common law and the indictment fails to allege intent to commit the crime. 7 C. J. 1158; 5 Cye. 628; Black’s L. Diet. 131. For definitions of bigamy see, Whart. Cr. L. Under the definition bigamy was offense at common law and section .1775, Code 1915, recognizes the common law offense. Ex parte DeVore, 18 N. M. 246,- 136 Pac. 47. It is immaterial, however, whether bigamy was a common law offense or not,…
1Opinion of the Court
OPINION OF THE COURT.
ROBERTS, C. J.
Appellant was convicted of the crime of bigamy, and appeals. The first ground upon which he relies for a reversal is that the indictment failed to charge facts sufficient to constitute a crime, for two reasons: (a) There is no such offense under the laws of the state of New Mexico as bigamy; and (b) the indictment failed to allege knowledge or intent on the part of the appellant.
[1] The statute, it is true, does not define the crime • of bigamy. It simply provides (section 1775, Code 1915) :
“Every person who shall be convicted of bigamy or polygamy shall be…
2Cases cited4 opinions
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