Legal Opinion

Owens & Beaty v. State

Supreme Court of Alabama

Decided November 15, 1891PublishedCited by 5 opinions

From the Circuit Court of Escambia. Tried before the Hon. John P. Hubbard. This was a prosecution against Joe Owens and Prudence Beaty for living together in a state of adultery or fornication, was commenced in the County Court, on the 12th November, 1891, and transferred to the Circuit Court for a trial by jury. In that court, the defendants were jointly tried, issue being joined on the plea of not guilty, and were convicted.

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From the Circuit Court of Escambia. Tried before the Hon. John P. Hubbard. This was a prosecution against Joe Owens and Prudence Beaty for living together in a state of adultery or fornication, was commenced in the County Court, on the 12th November, 1891, and transferred to the Circuit Court for a trial by jury. In that court, the defendants were jointly tried, issue being joined on the plea of not guilty, and were convicted. They admitted that they had lived together and cohabited as man and wife since April 12th, 1891, but claimed that they were married on that day; and they produced the…

1Opinion of the CourtWalker, J.

— The defendants, Joe Owens and Prudence Beaty, were convicted on the charge of living together in a state of adultery or fornication. The cohabitation was not denied, but the defendants claimed that they had been duly married. There was evidence tending to show that, at the time of their alleged marriage, the female defendant was the wife of one Beaty. Evidence was admitted, without objection, to show that the defendant Prudence and the man Beaty lived in the same house as husband and wife, treated each other as husband and wife, and so called each other. Against the objection of the…

2Cases cited4 opinions

  1. Williams v. StateSupreme Court of Alabama · 1886
  2. Beggs v. StateSupreme Court of Alabama · 1876
  3. Alsabrooks v. StateSupreme Court of Alabama · 1875
  4. Williams v. StateSupreme Court of Alabama · 1875

3Cited by5 opinions

  1. Reid v. StateSupreme Court of Alabama · 1910
  2. Edwards v. StateAlabama Court of Appeals · 1949
  3. Spencer v. StateCourt of Criminal Appeals of Oklahoma · 1917
  4. State v. AllisonSupreme Court of Minnesota · 1928
  5. Holz v. StateCourt of Criminal Appeals of Oklahoma · 1937

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