Orr v. State, (1937)
Court: Supreme Court of Florida
Number:
Visitors: 6
Judges: CHAPMAN, J.
Attorneys: Shannon Lining, Jr., for Plaintiff in Error;
Cary D. Landis, Attorney General, and Tyrus A. Norwood,
Assistant Attorney General, for the State.
Filed: Oct. 09, 1937
Latest Update: Mar. 02, 2020
Summary: On October 27, 1936, the County Solicitor of the Criminal Court of Record in and for Duval County, Florida, filed an information charging plaintiff in error with the crime of accessory after the fact and the information is viz.: "IN THE CRIMINAL COURT OF RECORD, of the County of Duval and State of Florida, October Term, in the year of our Lord one thousand nine hundred and thirty-six. "INFORMATION FOR ACCESSORY AFTER THE FACT. "STATE OF FLORIDA v. DAISY ORR, alias DAISY THOMPSON. "IN THE NAME AN
Summary: On October 27, 1936, the County Solicitor of the Criminal Court of Record in and for Duval County, Florida, filed an information charging plaintiff in error with the crime of accessory after the fact and the information is viz.: "IN THE CRIMINAL COURT OF RECORD, of the County of Duval and State of Florida, October Term, in the year of our Lord one thousand nine hundred and thirty-six. "INFORMATION FOR ACCESSORY AFTER THE FACT. "STATE OF FLORIDA v. DAISY ORR, alias DAISY THOMPSON. "IN THE NAME AND..
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I think the record fails to show the existence of a common law marriage because it is not sufficiently shown that the parties were competent and qualified to enter into a common law marriage. If either party had a living spouse a common law marriage could not be
consummated. The record showed conclusively that the parties were not husband and wife as the result of a ceremonial marriage. Witness Hurlbert testified that Nathaniel had a wife and child "down the State." If this was true he was not competent to effect a common law marriage with Daisy Orr.
ELLIS, C.J., concurs.
Source: CourtListener
