Williams v. State
Supreme Court of Alabama
Appeal from the City Court of Mobile. Tried before the Hon. C. F. Moulton. Williams, the appellant, was indicted at the June term, 1869, of the city court of Mobile, for bigamy; went to trial on the plea of “ not guilty,” was found guilty, and sentenced to the penitentiary for two years.
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Appeal from the City Court of Mobile. Tried before the Hon. C. F. Moulton. Williams, the appellant, was indicted at the June term, 1869, of the city court of Mobile, for bigamy; went to trial on the plea of “ not guilty,” was found guilty, and sentenced to the penitentiary for two years. The evidence, as shown by the bill of exceptions, was as follows: Sarah Coleman testified, that she was married to defendant in Mobile county, Ala., by McCormick, a justice of the peace, in April, 1869, the defendant at that time being arrested, on her affidavit, on a charge of bastardy; that defendant was…
1Opinion of the CourtB. F. Saffold, J.
The indictment charged that the defendant, having a wife then living, unlawfully married Pauline Dyer.
If he was guilty of the crime charged, the evidence shows that it was because of his former marriage with Sarah Coleman. She was used as a witness for the State, to prove her marriage with the defendant, as well as his confessions of having married the other. On a trial for bigamy, the first and true wife can not be admitted to give evidence against her husband. — Russell on Crimes, vol. 1, p. 218.
The record professes to set out all the evidence. There was none that the defendant married or…
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