State v. Collins

Citations

• 29 Del. 260
• 6 Boyce 260
• 99 A. 87
• 1916 Del. LEXIS 35

Syllabus

<p>1. Husband and Wife—Wife Beating—Statute.</p> <p>Under Rev. Code, 1915, § 4712, providing that whoever, being the hus•band of any woman, shall beat her, shall be guilty of a misdemeanor, the prosecuting witness and accused between whom a marriage has been solemnized and who had lived together as husband and wife, holding out as such, were “husband and wife” within the statute, though there was at the time of the alleged assault a pre-existing marriage between the accused and another woman.</p> <p>2. Marriage—Presumption—Validity of Subsequent Marriage.</p> <p>When a previous marriage is relied upon to avoid a subsequent marriage, there exists a presumption in favor of the validity of the subsequent marriage, and satisfactory proof of the previous marriage is required to overcome such presumption.</p>