Legal Opinion

People v. Heine

New York County Courts

Decided May 28, 1959Published

1Opinion of the CourtHyman Barshay, J.

The defendant moves to dismiss a bigamy indictment on the ground that, his present second marriage was void under subdivision 5 of section 11 of the Domestic Relations Law since it was performed by a Justice of the Peace when he, the defendant, was 19 years of age.

*338An inspection of the Grand Jury minutes disclosed that the defendant’s marriage to Aud Irene Kvamli Heine on May 9, 1954, in the Norwegian Seaman’s Church in Brooklyn, N. Y., was never legally dissolved and was still a valid marriage when the defendant, at the age of 19 years, was married to Marie Licciardi on September 4,1955, in…

2Cases cited4 opinions

  1. Meister v. MooreSupreme Court of the United States · 1878
  2. Matter of Ziegler v. . Cassidy's SonsNew York Court of Appeals · 1917
  3. Andrews v. AndrewsNew York Supreme Court · 1937
  4. Caplan v. CaplanNew York Supreme Court · 1937

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