Williams v. State
Supreme Court of Georgia
Criminal Law. Practice in the Superior Court. Witness. Evidence. " Husband and Wife. Before Judge Fleming. Chatham Superior Court. March Term, 1881. . Williams was indicted for bigamy. Elizabeth Williams was the prosecutrix. On the, trial she was offered as a witness, and defendant objected , to her. The solicitor-general admitted that she was the person alluded to in the indictment as the lawful wife of the defendant. His counsel objected to her being sworn.
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Criminal Law. Practice in the Superior Court. Witness. Evidence. " Husband and Wife. Before Judge Fleming. Chatham Superior Court. March Term, 1881. . Williams was indicted for bigamy. Elizabeth Williams was the prosecutrix. On the, trial she was offered as a witness, and defendant objected , to her. The solicitor-general admitted that she was the person alluded to in the indictment as the lawful wife of the defendant. His counsel objected to her being sworn. The court allowed her to be sworn, and asked whether she was living with the defendant as man and wife on March gth, 1866; and on…
1Opinion of the Court
JACKSON, Chief Justice.
We see no error in the denial of the motion for a new trial.
1. The court did not err in ruling that if it turned out from her testimony that Betsy Williams was the first wife of the defendant, that then her testimony would be ruled out, there being no evidence that she was his wife offered by the defendant when objection was made to her. To the very first question asked her she replied that they did live together as man and' wife, and instantly the court ruled that answer out, and she left the stand.
2. There was no error in the refugal to charge that if the defendant…
2Cases cited3 opinions
- Walker v. HunterSupreme Court of Georgia · 1855
- King v. StateSupreme Court of Georgia · 1869
- Byrne v. AttawaySupreme Court of Georgia · 1871
3Cited by2 opinions
- Mutual Life Ins. Co. of N. Y. v. DavisCourt of Appeals of Georgia · 1949
- People v. DauchyAppellate Division of the Supreme Court of the State of New York · 1911