State v. . Melton
Supreme Court of North Carolina
INDICTMENT for bigamy, tried before Coble, J., and a jury, at January Term, 1897, of ÁNsoN Superior Court.
1Opinion of the Court
FAIRCLOTH, C. J., and DOUGLAS, J., dissenting. In an indictment for bigamy the first wife is a competent witness to prove the marriage. The Code, sec. 588; S. v. McDuffie, 107 N.C. 885,890. Indeed, marriage and public cohabitation as man and wife are public acknowledgments of the relation and do not come within the nature of the confidential relations between them which the policy of the law has always forbidden either to give in evidence. This disposes of the first four exceptions.
The fifth exception to proving the second marriage by the record book of marriages for the county is not well…
2Cases cited12 opinions
- Miles v. United StatesSupreme Court of the United States · 1881
- Lowe v. . ElliottSupreme Court of North Carolina · 1890
- State v. . WyldeSupreme Court of North Carolina · 1892
- Long v. . BarnesSupreme Court of North Carolina · 1882
- State v. . McDuffieSupreme Court of North Carolina · 1890
7 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- State v. JoynerSupreme Court of North Carolina · 1978
- State v. CallSupreme Court of North Carolina · 1897
- State v. . WilliamsSupreme Court of North Carolina · 1944
- State v. WilsonSupreme Court of North Carolina · 1897
- State v. WilliamsSupreme Court of North Carolina · 1944
12 more not listed; retrieve them via the Exa API.