State v. . Herren
Supreme Court of North Carolina
CRIMINAL action, tried before Shcm, J., at January Term, 1917, of Buncombe. The defendant is indicted under tbe act of 1913, chapter 26, which defines bigamy and makes cohabitation in North Carolina following a bigamous marriage in.another State indictable and punishable as bigamous. The State did not offer any evidence. When the case was called for trial, the defendant admitted: a. That defendant and Lizzie Y. Hunsucker were married in the State of North Carolina. b.
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CRIMINAL action, tried before Shcm, J., at January Term, 1917, of Buncombe. The defendant is indicted under tbe act of 1913, chapter 26, which defines bigamy and makes cohabitation in North Carolina following a bigamous marriage in.another State indictable and punishable as bigamous. The State did not offer any evidence. When the case was called for trial, the defendant admitted: a. That defendant and Lizzie Y. Hunsucker were married in the State of North Carolina. b. That subsequently defendant went to the State of Georgia. c. That defendant obtained a divorce in Georgia. d. That defendant…
1Opinion of the CourtAlleit, J.
The defendant in this indictment is John R. Herren, and it is charged in the indictment that his first wife was named Lizzie V. Herren,- and the plaintiff in the proceeding for divorce in Georgia was John R. Herren and the defendant therein was Lizzie Y. Herren. '
This identity of names, nothing else appearing, furnishes evidence of the identity of person.
“Identity of name is prima facie evidence of identity of person, and is sufficient proof of the fact, in the absence of all evidence to the contrary.” 10 R. C. L., 877; Wilson v. Holt, 83 Ala., 528; Estate of Williams, 128 Cal., 553; Summer…
2Cases cited4 opinions
- Chamblee v. TarboxTexas Supreme Court · 1863
- Wilson v. HoltSupreme Court of Alabama · 1887
- Summer v. MitchellSupreme Court of Florida · 1892
- Brown v. MetzIllinois Supreme Court · 1864
3Cited by9 opinions
- State v. McClurgIdaho Supreme Court · 1931
- State v. . HerronSupreme Court of North Carolina · 1917
- State v. BlackOregon Supreme Court · 1935
- Charlie Wong v. EsolaCourt of Appeals for the Ninth Circuit · 1925
- State v. CarlsonIdaho Supreme Court · 1933
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