Commonwealth v. Littlejohn
Massachusetts Supreme Judicial Court
This was an indictment against the defendants for lewdly and lasciviously associating and cohabiting together, the said Margery being alleged to be the wife of Thomas Barbarick. At the trial, the Solicitor-General offered to prove the marriage by the testimony of a sister of the said Thomas.
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This was an indictment against the defendants for lewdly and lasciviously associating and cohabiting together, the said Margery being alleged to be the wife of Thomas Barbarick. At the trial, the Solicitor-General offered to prove the marriage by the testimony of a sister of the said Thomas. She testified that, about twelve years since, the said Thomas and Margery left the witness’s house for the declared purpose of going to the house of a clergyman, about two miles distant, in order to be by him joined in marriage ; that, after an absence sufficient for the purpose, they returned, declaring…
1Opinion of the Court
Upon an indictment against two persons for lascivious cohabitation, one of the parties be'ing married, such marriage must be proved by the record of the clergyman, or by witnesses present at the ceremony.
Quære whether, as the allegation was no otherwise material but as being ue scriptrve of the person intended, the proof of marriage was 'not sufficient. — Vide 3 Starkie, Ev. 1580. — Sull's case, Leach, 1005. — Mary Graham’s case, Leach, 619.— State vs. France, Overt. R. 434. — 2 Phil. Ev. 286, 7th Land. ed.
2Cited by18 opinions
- State v. HughesSupreme Court of Kansas · 1886
- Commonwealth v. HaydenMassachusetts Supreme Judicial Court · 1895
- West v. StateWisconsin Supreme Court · 1853
- Commonwealth v. NorcrossMassachusetts Supreme Judicial Court · 1813
- State v. RoswellSupreme Court of Connecticut · 1827
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