Legal Opinion

Barber v. State

Court of Appeals of Maryland

Decided December 19, 1878PublishedCited by 15 opinions

Writ of Error to the Circuit Court for Charles County. The plaintiff in error was indicted in the Court below, and in the indictment it was charged that he did on a day named, marry a certain woman named, and that he after-wards, on a day named, feloniously did marry and take as his wife another woman named, the first being then living. The traverser demurred to the indictment. The Court overruled the demurrer and the traverser pleaded not guilty, was tried and convicted.

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Writ of Error to the Circuit Court for Charles County. The plaintiff in error was indicted in the Court below, and in the indictment it was charged that he did on a day named, marry a certain woman named, and that he after-wards, on a day named, feloniously did marry and take as his wife another woman named, the first being then living. The traverser demurred to the indictment. The Court overruled the demurrer and the traverser pleaded not guilty, was tried and convicted. From the judgment entered in favor of the State, the traverser, by petition to the Court below, as upon writ of error,…

1Opinion of the CourtAlvey, J.

The plaintiff in error was indicted for bigamy, and he entered a demurrer to the indictment, and the demurrer having been overruled by the Court, he pleaded not guilty, and was tried and convicted. He has brought the case here as on writ of error, to have the judgment on demurrer reviewed; and whether there be error in that-judgment is the only subject of decision by this Court.

The Attorney General has waived all objection to the transcript because of the informal manner of setting out-the demurrer to the indictment, and we are to take the record as fairly presenting the questions raised by…

2Cases cited3 opinions

  1. Bode v. StateCourt of Appeals of Maryland · 1848
  2. Rawlings v. StateCourt of Appeals of Maryland · 1852
  3. Black v. StateCourt of Appeals of Maryland · 1852

3Cited by15 opinions

  1. People v. MartinCalifornia Supreme Court · 1922
  2. Wright v. StateCourt of Appeals of Maryland · 1951
  3. Duvall v. StateCourt of Special Appeals of Maryland · 1968
  4. People v. PriestleyCalifornia Court of Appeal · 1911
  5. Kiefer v. StateCourt of Appeals of Maryland · 1898

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