Boggus v. State
Supreme Court of Georgia
Bigamy. In Eulton Superior Court. Tried before Judge BiGHAMy April Term, 1864. One Thomas T. Davis was indicted for bigamy, committed by intermarrying with Margaret Windham, a single woman, he being already a married man. In the same indictment, Boggus, the plaintiff in error, was charged with being present, aiding and abetting Davis in the offence; and, also, as accessory before the fact.
Read the full summary
Bigamy. In Eulton Superior Court. Tried before Judge BiGHAMy April Term, 1864. One Thomas T. Davis was indicted for bigamy, committed by intermarrying with Margaret Windham, a single woman, he being already a married man. In the same indictment, Boggus, the plaintiff in error, was charged with being present, aiding and abetting Davis in the offence; and, also, as accessory before the fact. On the trial of Boggus, it appeared in evidence, Davis being one of the witnesses against him, that they were both married at the same time and place, — Davis to Miss Wind-ham, and Boggus to another lady, —…
1Opinion of the Court
Lumpkin, O. J.
[1.] The Court was right in overruling the first ground taken on the motion for a new trial. Suppose the Rev. Mr. Parks, who officiated as clergyman in marrying Davis and Miss Windham, had known that Davis was a married man at the time, would he not have been guilty of the offence of bigamy in the second degree ?
And, because Boggus was a single man and, therefore, could not have been convicted of bigamy, as principal, himself, if he had married Miss Windham, yet, why could he not be guilty in the second degree, as present, aiding and abetting Davis?
It may seem strange and…
2Cited by19 opinions
- Chadwick v. United StatesCourt of Appeals for the Sixth Circuit · 1905
- Commonwealth v. MannosMassachusetts Supreme Judicial Court · 1942
- State v. GeddesMontana Supreme Court · 1899
- United States v. SnyderU.S. Circuit Court for the District of Minnesota · 1882
- Bishop v. StateSupreme Court of Georgia · 1903
14 more not listed; retrieve them via the Exa API.