King v. State
Supreme Court of Georgia
Bigamy. Criminal Pleading. Negroes. Before Judge-Harrell. Webster Superior Court. September Term, 1869. The indictment in this case was as follows: * * “For that the said Stephen King,” (who was averred to be “colored,”') “ on the 9th day of March, in the year 1866, in the county aforesaid, did .then and there marry one Nancy Moreland, (colored,) and her, the said Nancy, had to his wife, and the said' Stephen King afterwards) and while he was so married to said Nancy as…
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Bigamy. Criminal Pleading. Negroes. Before Judge-Harrell. Webster Superior Court. September Term, 1869. The indictment in this case was as follows: * * “For that the said Stephen King,” (who was averred to be “colored,”') “ on the 9th day of March, in the year 1866, in the county aforesaid, did .then and there marry one Nancy Moreland, (colored,) and her, the said Nancy, had to his wife, and the said' Stephen King afterwards) and while he was so married to said Nancy as aforesaid, to-wit: on. the '18th day of August, 1669, in the county aforesaid, knowingly did marry and take to wife one…
1Opinion of the CourtMcCay, J.
There was a demurrer to the indictment in this case, because it did not allege the first marriage to be a lawful marriage, and because it failed to allege that at the time of the second marriage, his said lawful wife was, within his knowledge, in life.
1. A necessary ingredient of the crime of bigamy is that at the time of the second marriage the defendant shall have a lawful wife living. If the first marriage were, for. any cause, void, or if the defendant has been divorced a vinculo matrimonii, the second marriage is not bigamy. As this is a material fact, and expressly included by the…
2Cited by3 opinions
- Baxter v. RogersSupreme Court of Georgia · 1943
- Williams v. StateSupreme Court of Georgia · 1881
- Thomas v. East Tennessee, V. & G. Ry. Co.U.S. Circuit Court for the Northern District of Georgia · 1894