Boggus v. The State Of Ga.

• Decision Date: 30 June 1866
• Citation: 34 Ga. 275
• Parties: John C. Boggus, plaintiff in error. vs. The State of Georgia, defendant in error.
• Court: Georgia Supreme Court

34 Ga. 275

John C. Boggus, plaintiff in error. vs. The State of Georgia, defendant in error.

Supreme Court of the State of Georgia

JUNE TERM, 1866.

Bigamy. In Fulton Superior Court. Tried before Judge Bigham. April Term, 1864.

One thomas T. Davis was indicted for bigamy, committed by intermarrying with Margaret "Windham, a single woman, he being already a married man. In the same indictment, Boggus, the plaintiff in error, was charged with being present, aiding and abetting Davis in the offence; and, also, as accessory before the fact.

On the trial of Boggus, it appeared in evidence, Davis being one of the witnesses against him, that they were both married at the same time and place, —Davis to Miss Windham, and Boggus to another lady, —both couples standing up together, and the marriage being solemnized by one and thesame ceremony; that, at that time, January, 1864, Davis had a living wife in Alabama; that, on the evening of the marriage, shortly before it took place, and after the license was procured, Davis met Boggus in the hall, put his hand on his shoulder, and told him that he knew his situation, and it was with him; that if he would give him his word not to expose or betray him he would go ahead; that, Boggus, putting his hand in that of Davis, replied that he would not expose him, and told him to go ahead; that prior to the marriage, Boggus, for Davis and in his name, wrote a letter to Miss Windham; that, after the marriage, he wrote another letter, at the request of Davis, addressed to Davis himself, and purporting to come from a Dr. Jones, in Alabama, the object of which was to quiet Miss Windham, she having become suspicious; and that this letter was left by Davis in the bed-room occupied by her and himself, where it was, by her, found and read.

Both letters were introduced in evidence, without objection, or any mention of surprise by defendant or his counsel, Miss Windham testifying that Boggus told her he wrote the former; that she believed the latter was in the same handwriting, though she had never noticed Boggus write, and that, upon showing it to him once, he said he had read it for Davis. Davis testified that they were both written by Boggus.

The letter to Miss Windham contained, with other matter more sedate, the following paragraph: " Time has run heavily on my hands since you left this place. There is no one for me to pass my time with; that is, with as much pleasure as in your company. It did appear to me like all my pleasure was gone when you left. I am in hopes that the time may not be far distant when we shall meet again. My thoughts will stray to the many happy moments that we have spent together."

The letter signed "Dr. Jones, " stated that one of the children of Davis had lately died, and had been buried beside its mother.

The defendant\'s counsel requested the Court to charge the jury, that no one could be a principal in the second degree in the crime of bigamy. The Court refused so to charge.

After a verdict of guilty, counsel moved for a new trial on the following grounds:

1. Because the Court refused to charge as requested.

2. Because the letter signed " Dr. Jones " was introduced without sufficient proof of defendant's hand-writing, and he was surprised by its introduction, not knowing that any such would be offered, and had no witness then accessible by whom he...