Boggus v. The State Of Ga.

Decision Date30 June 1866
Citation34 Ga. 275
PartiesJohn C. Boggus, plaintiff in error. vs. The State of Georgia, defendant in error.
CourtGeorgia Supreme Court

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...

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22 cases
  • Commonwealth v. Mannos
    • United States
    • United States State Supreme Judicial Court of Massachusetts Supreme Court
    • 25 d3 Fevereiro d3 1942
    ... ... alleged in each count was money, the exact amount of which ... the Commonwealth was unable to state; and also stated as to ... each gratuity the name of the person who accepted it and the ... place where it was accepted; and motions for further ... Van Schaick, 134 F. 592. Gibbs v ... State, 37 Ariz. 273. People v. Zimmer, 23 Cal.App. (2d) ... 581. State v. Burns, 82 Conn. 213. Boggus v ... State, 34 Ga. 275. Bishop v. State, 118 Ga ... 799. Commonwealth v. Carter, 94 Ky. 527. State v ... Nahoum, 172 La. 83. Strang v ... ...
  • State v. Gow
    • United States
    • Missouri Supreme Court
    • 20 d2 Junho d2 1911
    ...sustained upon facts which would be insufficient if the accused was proceeded against as principal in fact for the same offense. [Boggus v. State, 34 Ga. 275; People McKane, 143 N.Y. 455, 38 N.E. 950; State v. Comstock, 46 Iowa 265; People v. Chapman, 62 Mich. 280, 28 N.W. 896; 12 Cyc. 189.......
  • Chadwick v. United States
    • United States
    • U.S. Court of Appeals — Sixth Circuit
    • 17 d5 Novembro d5 1905
    ... ... everything relating to human affairs, and depending upon ... moral evidence, is open to some possible or imaginary doubt ... It is that state of the case which, after full consideration ... of all the evidence, leaves the minds of the jurors in such a ... condition that they cannot say ... 627-629, and Sec. 432; U.S. V. Bayer, 4 Dill. 407, Fed. Cas ... No. 14,547; State v. Sprague, 4 R.I. 257; Boggus ... v. State, 34 Ga. 275. In Scott v. U.S. cited above, the ... conspiracy was to violate section 5209 (U.S. Comp. St. 1901, ... p. 3497) by ... ...
  • State v. Gow
    • United States
    • Missouri Supreme Court
    • 23 d2 Maio d2 1911
    ...sustained upon facts which would be insufficient if the accused was proceeded against as principal in fact for the same offense. Boggus v. State, 34 Ga. 275; People v. McKane, 143 N. Y. 455, 38 N. E. 950; State v. Comstock, 46 Iowa, 265; People v. Chapman, 62 Mich. 280, 28 N. W. 896, 4 Am. ......
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