State v. Smith
Supreme Court of South Carolina
Before SbasF, J., Gaffney, H. L. Smith being convicted on an indictment for bigamy and sentenced, appeals. The facts are stated in the opinion. cite: Civil Code, sec. 3743; 19 Ency. Law 1175; 16 Ency. Law 137; 44 Kan. 190; 51 La. Ann. 190; 5 Mich. 305; 3 Mont. 50; 95 Tenn. 152; 31 Tex. Crim. App. 186. Status before enactment of statute: 2 Rich. 208; 10 Rich. Eq. 551; Crim.
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Before SbasF, J., Gaffney, H. L. Smith being convicted on an indictment for bigamy and sentenced, appeals. The facts are stated in the opinion. cite: Civil Code, sec. 3743; 19 Ency. Law 1175; 16 Ency. Law 137; 44 Kan. 190; 51 La. Ann. 190; 5 Mich. 305; 3 Mont. 50; 95 Tenn. 152; 31 Tex. Crim. App. 186. Status before enactment of statute: 2 Rich. 208; 10 Rich. Eq. 551; Crim. Code, sec. 381. Marriage a mere contract: 69 S. C. 400; and in violation of law are void: 20 S. C. 430; 14 Ann. Cas. 74; 26 Cyc. 900, 907; 52 Iowa 41; 15 La. Ann. 519; 52 N. J. Eq. 195; 105 N. Y. App. Div. 312; 13 U. S. L.…
1Opinion of the Court
The opinion of the Court was delivered by
MR. Justice Hydrick.
Defendant appeals from sentence on conviction of bigamy. In 1882, he married Leonora Harris, the daughter of his half sister. They cohabited as man and wife for thirty years, or more, and raised a family of seven children. Some three or four years ago they separated. In 1913, after the separation, defendant married another woman, M. E. B. Harris, and cohabited with her as his wife up to the time of the trial, at which time both women were alive.
The sole defense is that the first marriage, being within the degrees prohibited by…
2Cited by8 opinions
- Tapscott v. StateCourt of Appeals of Maryland · 1996
- State v. SellersSupreme Court of South Carolina · 1926
- State v. SHARON H.Superior Court of Delaware · 1981
- In Re Miller's EstateMichigan Supreme Court · 1927
- Robinson v. McGownSupreme Court of South Carolina · 1916
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