Parker v. State
Supreme Court of Alabama
Indictment for Bigamy. From the Circuit Court of Jefferson. Tried before the Lion. S. IT. Sprott. The indictment in this case contained but a single count, which charged that the defendant, Abner IT. Parker, before the finding of the indictment, “having a former wife living, married one Maggie Earnest, against the peace,” &c.
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Indictment for Bigamy. From the Circuit Court of Jefferson. Tried before the Lion. S. IT. Sprott. The indictment in this case contained but a single count, which charged that the defendant, Abner IT. Parker, before the finding of the indictment, “having a former wife living, married one Maggie Earnest, against the peace,” &c. There was no demurrer to the indictment, but, after conviction, the defendant moved in arrest of judgment, on account of the insufficiency of the indictment; which motion was overruled. On the trial, as the bill of exceptions shows, the State introduced Geo. S. Earnest…
1Opinion of the Court
CLOPTON, J".
When marriage constitutes an essential ingredient of a criminal offense, a marriage in fact, valid according to the laws of the country where contracted, must be proved by competent evidence, beyond reasonable doubt. In respect to the competency of the confessions of the defendant, as evidence of the first marriage, in a prosecution for bigamy, the authorities both in England and this country have differed. The weight,of authority is in support of the proposition, that, in the absence of local laws prescribing formalities and ceremonies to validate a marriage, the first marriage…
2Cases cited4 opinions
- Miles v. United StatesSupreme Court of the United States · 1881
- Williams v. StateSupreme Court of Alabama · 1875
- Langtry v. StateSupreme Court of Alabama · 1857
- Jones v. StateSupreme Court of Alabama · 1880
3Cited by17 opinions
- Reid v. StateSupreme Court of Alabama · 1910
- State v. RockerSupreme Court of Iowa · 1906
- Fuquay v. StateSupreme Court of Alabama · 1927
- Welch v. All PersonsMontana Supreme Court · 1927
- Faggard v. FilipowichSupreme Court of Alabama · 1946
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