State v. Anderson

The question presented in this case is whether or not a proxy marriage celebrated in Oregon is valid in this state. Specifically, the purported husband seeks to invoke ORS 139.320 to exclude his spouse’s testimony in a criminal trial.

The defendant was arrested and indicted for the crime of assault with intent to rob while armed with a dangerous weapon. He was unable to post bail and *202remained in custody in the Eugene city jail during all times material to this case.

While the defendant was in custody, a marriage license, authorizing the marriage of defendant and Esther Lea Baker, was obtained.…