Legal Opinion

Gibson v. State

Mississippi Supreme Court

Decided July 1, 1872PublishedCited by 7 opinions

Error to Warren circuit court. Yerger, J. The plaintiff in error was indicted arid convicted in the court below of bigamy. The opinion of the court contains a sufficient statement of the case. In prosecutions for bigamy, the death of a person (if the fact of his being alive is material in defense of the accused), will not be presumed from mere lapse of time, unless the period elapsed goes beyond the ordinary habits of human life.

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Error to Warren circuit court. Yerger, J. The plaintiff in error was indicted arid convicted in the court below of bigamy. The opinion of the court contains a sufficient statement of the case. In prosecutions for bigamy, the death of a person (if the fact of his being alive is material in defense of the accused), will not be presumed from mere lapse of time, unless the period elapsed goes beyond the ordinary habits of human life. Spears v. Burton, 31 Miss., 547; Rex v. Twining, 2 B. & A. The rule would be reversed, when the fact of a person being alive would be essential to the defense of the…

1Opinion of the Court

Handy, J.:

This was an indictment for bigamy, upon which the plaintiff in error was convicted.

On the part of the state, it was in evidence that the accused was married, in due form of law, to one Maria Williams, in Warren county, in this state, on the 1st day of May, 1.855; and that he was married, in due form of law, to one Ann Cochran, on the 7th day of July, 1857, the said Maria being alive at the date of the latter marriage.

It was then shown, on the part of the accused, that the said *1355Maria had been lawfully married in "Warren county to one Elijah IT. Williams, on the 20th February, 1849.

It…

2Cases cited1 opinion

  1. Spears v. BurtonMississippi Supreme Court · 1856

3Cited by7 opinions

  1. Ferrell v. StateSupreme Court of Florida · 1903
  2. Bennett v. StateMississippi Supreme Court · 1911
  3. Ladner v. PigfordMississippi Supreme Court · 1925
  4. Harper v. FearsMississippi Supreme Court · 1934
  5. Watson v. WatsonMississippi Supreme Court · 1937

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