Legal Opinion

Weinberg v. State

Wisconsin Supreme Court

Decided January 15, 1870PublishedCited by 5 opinions

ERROR to the Circuit Court for Dane County. TRe plaintiff in error sougRt by tRe action Rere to reverse a judgment against Rim for bigamy. TRe question upon wRicR tRe cause turned in tRis court will sufficiently appear from tRe opinion. Reference is tRerein made to certain admissions of the accused.

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ERROR to the Circuit Court for Dane County. TRe plaintiff in error sougRt by tRe action Rere to reverse a judgment against Rim for bigamy. TRe question upon wRicR tRe cause turned in tRis court will sufficiently appear from tRe opinion. Reference is tRerein made to certain admissions of the accused. The only-evidence as to such admissions now found on the files of this court is the testimony of one Buckley, under-sheriff of said county, who stated, in substance, that, while the accused was under arrest, witness had a conversation with him, in which the accused said that he “got married in…

1Opinion of the CourtPaine, J.

The plaintiff in error, having been indicted for bigamy, was, under the rulings of the circuit court, convicted. Without attempting to pass upon the many questions discussed, we think the judgment must be reversed for error in one of the instructions to the jury.

The first marriage was alleged to have taken place in the kingdom of Prussia. And all the proof as to the law there in force tended to show, that, to constitute a valid legal marriage, it must be entered into as a civil contract before the civil magistrate. The proof also tended to show that after the performance of this civil…

2Cases cited4 opinions

  1. People v. LambertMichigan Supreme Court · 1858
  2. Hutchinson v. LordWisconsin Supreme Court · 1853
  3. State v. RoswellSupreme Court of Connecticut · 1827
  4. Bennet v. StateWisconsin Supreme Court · 1869

3Cited by5 opinions

  1. Cartwright v. McGownIllinois Supreme Court · 1887
  2. Canale v. PeopleIllinois Supreme Court · 1898
  3. In re Letters of Administration on the Goods, Chattels & Credits of SpondreNew York Surrogate's Court · 1917
  4. Staley v. StateNebraska Supreme Court · 1910
  5. People v. DauchyAppellate Division of the Supreme Court of the State of New York · 1911

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