State v. Colby
Supreme Court of Vermont
Indictment for adultery alleged to have been committed on December 21, 1874, with Anna Ada Smith. Flea, not guilty, and trial by jury, December Term, 1877, Caledonia County, Ross, J., presiding.
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Indictment for adultery alleged to have been committed on December 21, 1874, with Anna Ada Smith. Flea, not guilty, and trial by jury, December Term, 1877, Caledonia County, Ross, J., presiding. The prosecution offered in evidence a paper that purported to be a certificate of the marriage of said Anna to Noble Smith, and called the town clerk by whom it was issued, who testified that he thought the certificate was returned to him by the minister who married them, but that he was not positive, and that he supposed the minister signed it, but that he did not know his handwriting. The respondent…
1Opinion of the Court
The opinion of the court was delivered by
Barrett, J.
1st. The marriage certificate was not shown to have been signed by the minister who is said to have performed the marriage service. That is not a document that authenticates *295itself on being produced. Whether it is signed by the minister, is a material question to be determined upon pertinent and sufficient evidence. This was lacking, — the town clerk being unable to testify that, in fact, the minister returned to him the certificate bearing his name. If the town clerk had so testified we are not prepared to say that it would have been…
2Cited by5 opinions
- Fratini v. CasliniSupreme Court of Vermont · 1894
- Throckmorton v. ThrockmortonSupreme Court of Virginia · 1890
- State v. BriggsSupreme Court of Vermont · 1989
- State v. BrinkSupreme Court of Vermont · 1896
- United States v. GrabinaCourt of Appeals for the Second Circuit · 1941