State v. Williams, 289.

Citation24 S.E.2d 256,222 N.C. 609
Decision Date24 February 1943
Docket NumberNo. 289.,289.
CourtUnited States State Supreme Court of North Carolina
PartiesSTATE. v. WILLIAMS et al.

O. B. Williams and Lillie Shaver Hen-drix were convicted of bigamous cohabitation. To review a judgment of affirmance, 220 N.C. 445, 17 S.E.2d 769, defendants obtained a writ of certiorari from the Supreme Court of the United States. On mandate from the Supreme Court of the United States.

Judgment vacated and new trial ordered. Criminal prosecution tried in Caldwell County upon indictment charging the defendants with bigamy in violation of C.S. § 4342.

Verdict: Guilty as charged in the bill of indictment.

Judgments: Imprisonment in the State's Prison for terms specifically set out.

The defendants appealed, assigning errors.

Verdict and judgments were upheld at the Fall Term, 1941, reported in 220 N.C. 445, 17 S.E.2d 769.

The defendants applied to the Supreme Court of the United States for writ of certiorari, which was granted March 30, 1942, and the judgment of affirmance "reversed" December 21, 1942. Mandate received January 28, 1943.

Harry M. McMullan, Atty. Gen, and George B. Patton and Hughes J. Rhodes, Asst. Attys. Gen, for the State.

W. H. Strickland, of Lenoir, for defendants.

PER CURIAM.

The judgment heretofore entered in this cause upholding the conviction and judgments entered at the February-March Term, Caldwell Superior Court, reported in 220 N.C. 445, 17 S.E.2d 769, will be vacated or set aside, and the cause remanded for a new trial in accordance with the opinion of the Supreme Court of the United States, rendered December 21, 1942, on certiorari to this court. See Williams v. State of North Carolina, 317 U. S. 287, 63 S.Ct. 207, 87 L.Ed. ----, decided December 21, 1942. Accordingly, the defendants will recover their costs incurred in the Supreme Court of the United States, and the costs heretofore assessed in this court will be retaxed.

Judgment vacated; new trial ordered.

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8 cases
  • State v. Williams, 291.
    • United States
    • United States State Supreme Court of North Carolina
    • April 12, 1944
  • State v. Williams
    • United States
    • United States State Supreme Court of North Carolina
    • April 12, 1944
  • State., 290.
    • United States
    • United States State Supreme Court of North Carolina
    • March 20, 1946
    ......Lois Setzer in this case is strikingly similar to that of-the wife of defendant, Mrs. O. B. Williams, given in the trials in Superior Court of the case of State v. Williams, 220 N.C. 445, 17 S.E.2d 769; Williams v. State of North Carolina, 317 ......
  • Davis v. Davis
    • United States
    • United States Court of Appeals (Ohio)
    • August 1, 1944
    ...... grounds upon which to base any action for divorce, and further, that the trial court in that state had no jurisdiction to hear the action.          Defendant filed answer in September, 1942. ... claim that the court in making this finding is conclusively supported by the case of Williams v. North Carolina, 317 U.S. 287, 63 S.Ct. 207, 87 L.Ed. 279, 143 A.L.R. 1273.         This ......
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