State v. Ackerly
Supreme Court of Vermont
Information for bigamy. Plea, guilty. Trial by court upon an agreed statement of facts at the March Term, 1906, Washington County, Rowell, presiding. Judgment, guilty; and sentence thereon. The respondent excepted.
Read the full summary
Information for bigamy. Plea, guilty. Trial by court upon an agreed statement of facts at the March Term, 1906, Washington County, Rowell, presiding. Judgment, guilty; and sentence thereon. The respondent excepted. The agreed statement is signed by the respondent and the State’s Attorney, and states that the respondent, “In his own proper person, at the present term, hereby waives the right to a trial by jury, and asks that his case be tried upon the following statement of facts: On the seventh day of October, 1896, the said Fred Ackerly was duly joined in marriage in the state of New Jersey…
1Opinion of the CourtMunson, J.
The charge is bigamy, and the facts are agreed upon. The statute creating the offence' provides that it shall not extend to “a person whose husband or wife has been continually beyond the seas or out of the state for seven years together, the party marrying again not knowing the other to- be living within that time.” V. S. 5059. The case presented does not bring the respondent within the exception. It is urged, however, that the statute ought not to be construed to include cases where there is an honest belief in the death of the husband or wife, entertained upon reasonable grounds. This…
2Cases cited5 opinions
- State v. DanaSupreme Court of Vermont · 1887
- State v. WymanSupreme Court of Vermont · 1887
- State v. HopkinsSupreme Court of Vermont · 1883
- State v. TomasiSupreme Court of Vermont · 1895
- State v. WardSupreme Court of Vermont · 1903
3Cited by8 opinions
- State v. GilmoreSupreme Court of Vermont · 1908
- State v. WoodsSupreme Court of Vermont · 1935
- Schell v. PeopleSupreme Court of Colorado · 1918
- State v. AudetteSupreme Court of Vermont · 1908
- Geisselman v. GeisselmanCourt of Appeals of Maryland · 1919
3 more not listed; retrieve them via the Exa API.