Judges: BROWN, J.
Attorneys: Coe McLane, for Plaintiff in Error;
George Couper Gibbs, Attorney General, and Thomas J. Ellis,
Assistant Attorney General, for Defendant in Error.
Filed: Nov. 03, 1939
Latest Update: Mar. 02, 2020
Summary: On May 16, 1939, George West, plaintiff in error, was informed against by the County Solicitor of Escambia County, Florida. The first count charged that he committed the substantive felony of accessory before the fact to the offense of bigamy on December 4, 1937, with Arnita Futral, who had a lawful husband, Joseph Stauts, living, and on said date married her in Santa Rosa County, Florida, and continued to cohabit with her after the date of said marriage in Escambia County for a period of two *P
Summary: On May 16, 1939, George West, plaintiff in error, was informed against by the County Solicitor of Escambia County, Florida. The first count charged that he committed the substantive felony of accessory before the fact to the offense of bigamy on December 4, 1937, with Arnita Futral, who had a lawful husband, Joseph Stauts, living, and on said date married her in Santa Rosa County, Florida, and continued to cohabit with her after the date of said marriage in Escambia County for a period of two *Pa..
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I am of the opinion that the motion to quash the first count should have been granted because said count failed to allege that defendant knew that Anita Futral was married and had a husband living. Otherwise I concur.
