Pearce v. State
Supreme Court of Arkansas
Appeal from Calhoun Circuit Court; George W. Hays, judge; 1. The indictment is not sufficient. It does not allege that the parties to the alleged marriage contract were the one male and the other female, nor that appellant in any way purported or represented himself as authorized to solemnize the marriage rite. It is 'based upon section 5204, Kirby’s Digest.
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Appeal from Calhoun Circuit Court; George W. Hays, judge; 1. The indictment is not sufficient. It does not allege that the parties to the alleged marriage contract were the one male and the other female, nor that appellant in any way purported or represented himself as authorized to solemnize the marriage rite. It is 'based upon section 5204, Kirby’s Digest. As to what marriages are and what are not lawful, see Id. § § 5171 to 5176, inclusive; parties authorized to solemnize marriage, Id. § 5180, and conditions upon which the authority may be exercised, § 5181. 2. The second instruction given…
1Opinion of the CourtKirby, J.
The appellant was indicted in the Calhoun Circuit Court for the offense of presuming to solemnize marriage contrary to law. The indictment (caption omitted) is as follows:
“The grand jury of Calhoun County, in the name and by the authority of .the State of Arkansas, on oath, accuse the defendant, J. D. Pearce, of the crime of presuming to solemnize marriage contrary to law, committed as follows, towit:
“The defendant, on the 15th day of June, 1909, in Calhoun County, Arkansas, did unlawfully and wilfully presume to solemnize marriage contrary to law between Felix Holeman and Nuty Moore by then…
2Cases cited2 opinions
- Morphew v. StateSupreme Court of Arkansas · 1907
- People v. McGlaughlinMichigan Supreme Court · 1896
3Cited by2 opinions
- State v. DingmanIdaho Supreme Court · 1923
- Smith v. StateSupreme Court of Arkansas · 1924