Davis v. State

Citations

• 76 Fla. 459
• 80 So. 65

Syllabus

<p>1. Under the first clause of Section 3526, General Statutes of 1906, prescribing a penalty against one who having a former husband or wife living, marries another person in this State, the second marriage constitutes the gist of the offense ancl must be laid in the indictment with particulars of time and place; but the first marriage being matter of inducement may be averred without particulars of time and place.</p> <p>2. In a prosecution under the first clause of Section 3526, General Statutes of 1906, an indictment which fails to allege tlie maiden name of the first spouse of the defendant but which does allege her name to be Mrs. (giving the name of the defendant), as Mrs. John C. Davis in this case, is not thereby rendered fatally defective and amenable to a motion to quash on that ground.</p> <p>8. Under the provisions of Section 1518, General Statutes of 1906 a duly authenticated copy of a record, of a Court of another State with the Seal of the Court annexed, of an application for marriage license, a certificate that such lij cense was issued, and the return of the Minister who united the parties in marriage pursuant thereto, which form a part of the records of such Court, is admissible in evidence in the Courts of this State.</p>