Cameron v. State
Supreme Court of Alabama
Writ of Error to the Circuit Court of Barbour. Before the Hon. J. D. Phelan. The plaintiffs in error were indicted for living together in adultery.
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Writ of Error to the Circuit Court of Barbour. Before the Hon. J. D. Phelan. The plaintiffs in error were indicted for living together in adultery. The only evidence offered to prove, that the defendant, Nancy Cooper, was a married woman, was the testimony of a witness, that some four or five years before the of-fence charged, she, and one John Cooper, were living together as man and wife, bore that relation to, and spoke of each other as husband and wife, and the witness heard her say she was married to John Cooper, since which time John Cooper has not been heard of, having removed. There…
1Opinion of the CourtCollier, C. J.
Mr. Greenleaf says it has been doubted whether on an indictment for adultery, the defendant’s admission of the marriage may be given in evidence against him, but he can perceive no good reason to distinguish it from other cases of admission. Hence, he concludes that any recognition of a person standing in a given relation to others, is prima facie evidence, against the person making such recognition, that such relation exists. 2 Greenl. on Ev. § 49, *548and citations in notes. The supreme court of Maine said, that, while “ we do not mean to say that the deliberate and unequivocal coufession of a…
2Cases cited4 opinions
- State v. RoswellSupreme Court of Connecticut · 1827
- Commonwealth v. LittlejohnMassachusetts Supreme Judicial Court · 1818
- Morgan v. StateSupreme Court of Alabama · 1847
- Crouch v. EvelethMassachusetts Supreme Judicial Court · 1818
3Cited by13 opinions
- Miles v. United StatesSupreme Court of the United States · 1881
- State v. . WyldeSupreme Court of North Carolina · 1892
- Rogers v. McLeskeySupreme Court of Alabama · 1932
- State v. SandersSupreme Court of Iowa · 1870
- Fortner v. StateAlabama Court of Appeals · 1915
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