People v. Dauchy
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, George H. Dauchy, from a judgment of the County Court of Monroe county, rendered against the defendant on the 18th day of June, 1909, convicting him of the crime of bigamy, and also from an order denying the defendant’s motion for a new trial.
1Opinion of the Court
Kruse, J.:
The defendant was convicted of the crime of bigamy. He was properly convicted unless his case fálls within the first exception contained in section 341 of the Penal Law (formerly section 299 of the Penal Code), since it appears that at the *15time of the second marriage he had a wife living, and that constitutes the crime of bigamy according to the general definition contained in section 340 of the Penal Law (formerly section 298 of the Penal Code). But that section does not extend: “ 1. To a person whose former husband or wife has been absent for five years successively then last…
2Cases cited58 opinions
- Reynolds v. United StatesSupreme Court of the United States · 1879
- Van Voorhis v. . BrintnallNew York Court of Appeals · 1881
- The People v. . PetreaNew York Court of Appeals · 1883
- The People v. . BakerNew York Court of Appeals · 1879
- Carmichael v. CarmichaelMichigan Supreme Court · 1888
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