Russell v. State
Supreme Court of Arkansas
Appeal from Hempstead Circuit Court. Joel D. Conway, Judge. STATEMENT BY THE COURT. Appellant was indicted for bigamy. He demurred to the indictment, but in his argument does not insist upon the demurrer, which we do not discuss hei’e. We think the indictment sufficient. He was tried, convicted and sentenced for three years in the penitentiary. He appealed to this court.
Read the full summary
Appeal from Hempstead Circuit Court. Joel D. Conway, Judge. STATEMENT BY THE COURT. Appellant was indicted for bigamy. He demurred to the indictment, but in his argument does not insist upon the demurrer, which we do not discuss hei’e. We think the indictment sufficient. He was tried, convicted and sentenced for three years in the penitentiary. He appealed to this court. The evidence showed that when appellant married a second time his first wife was living, from whom he had not been divorced. The appellant sought to show in defense that at the time of his second marriage he believed in good…
1Opinion of the Court
Hughes, J.,
(after stating the facts.) Section 1480, Sandels & Hill’s Digest, provides: “Every person having a wife or husband, living who shall marry any other person, whether married or single, except in the cases specified in the next section, shall be adjudged guilty of bigamy.”
“Sec. 1481. The last preceding section shall not extend to the following persons or cases--
“First. To any person, by reason of any former marriage, whose wife or husband by such marriage shall have been absent for five successive years, without being known to such person within that time to be living. .
“Second. To…
2Cases cited5 opinions
- State v. ArmingtonSupreme Court of Minnesota · 1878
- Commonwealth v. HaydenMassachusetts Supreme Judicial Court · 1895
- State v. HughesSupreme Court of Iowa · 1882
- Scoggins v. StateSupreme Court of Arkansas · 1877
- State v. SherwoodSupreme Court of Vermont · 1896
3Cited by8 opinions
- Commonwealth v. MixerMassachusetts Supreme Judicial Court · 1910
- United States v. McCluskeyUnited States Court of Military Appeals · 1955
- Braun v. StateCourt of Appeals of Maryland · 1962
- Alexander v. United StatesCourt of Appeals for the D.C. Circuit · 1943
- State v. LongNew York Court of General Session of the Peace · 1948
3 more not listed; retrieve them via the Exa API.