Commonwealth v. Stevens
Massachusetts Supreme Judicial Court
Indictment for polygamy under R. L. c. 212, § 11, found and returned in the county of Suffolk in May, 1906. In the Superior Court the defendant was tried before Sherman, J., where the facts appeared which are stated in the opinion.
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Indictment for polygamy under R. L. c. 212, § 11, found and returned in the county of Suffolk in May, 1906. In the Superior Court the defendant was tried before Sherman, J., where the facts appeared which are stated in the opinion. Upon the facts disclosed by the evidence the defendant asked the judge to rule that the defendant was entitled to an acquittal as a matter of law, because his marriage to Minnie C. Tourtellotte was void at its inception and had never been legalized; that he had no lawful wife living at the time of the marriage ceremony with Jennette Hildreth Smyth, and that…
1Opinion of the CourtHammond, J.
This is an indictment for polygamy. At the trial it appeared that the defendant was married on September 18, 1895, to Grace P. Batchelder, in whose favor, on September 10,1900, a decree nisi for divorce was granted, which was made absolute on March 11, 1901. These events occurred in this Commonwealth. On January 26,1901, the defendant, then having been living four months in Georgia, married there Minnie C. Tourtellotte (she entering into the marriage in good faith and in the full belief that his former marriage had been annulled by divorce), and lived with her for six months after the…
2Cases cited6 opinions
- Smith v. SmithSupreme Court of Georgia · 1890
- Clark v. CassidySupreme Court of Georgia · 1879
- Turner v. TurnerMassachusetts Supreme Judicial Court · 1905
- Wilson v. AllenSupreme Court of Georgia · 1899
- Thompson v. ThompsonMassachusetts Supreme Judicial Court · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Hopkins v. HopkinsMassachusetts Supreme Judicial Court · 1934
- Heflinger v. HeflingerSupreme Court of Virginia · 1923
- Carmichael v. CarmichaelMassachusetts Supreme Judicial Court · 1949
- Hutchins v. BrowneMassachusetts Supreme Judicial Court · 1925
- Amory v. Reliance InsuranceMassachusetts Supreme Judicial Court · 1911
5 more not listed; retrieve them via the Exa API.