If any person, being married, shall marry any other person during the life of the former husband or wife, every such offender, and every person counseling, aiding or abetting such offender, shall be punished as a Class I felon. Any such offense may be dealt with, tried, determined and punished in the county where the offender shall be apprehended, or be in custody, as if the offense had been actually committed in that county. If any person, being married, shall contract a marriage with any other person outside of this State, which marriage would be punishable as bigamous if contracted within this State, and shall thereafter cohabit with such person in this State, he shall be guilty of a felony and shall be punished as in cases of bigamy. Nothing contained in this section shall extend to any person marrying a second time, whose husband or wife shall have been continually absent from such person for the space of seven years then last past, and shall not have been known by such person to have been living within that time; nor to any person who at the time of such second marriage shall have been lawfully divorced from the bond of the first marriage; nor to any person whose former marriage shall have been declared void by the sentence of any court of competent jurisdiction. (See 9 Geo. IV, c. 31, s. 22; 1790, c. 323, P.R.; 1809, c. 783, P.R.; 1829, c. 9; R.C., c. 34, s. 15; Code, s. 988; Rev., s. 3361; 1913, c. 26; C.S., s. 4342; 1979, c. 760, s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1, c. 179, s. 14; 1993, c. 539, s. 1193; 1994, Ex. Sess., c. 24, s. 14(c).)
Notes of Decisions
Cited in
8
cases, 1944–2018 · leading case:
Estes v. State, 546 S.W.3d 691 (Tex. Crim. App. 2018).
Estes v. State, 546 S.W.3d 691 (Tex. Crim. App. 2018).
“11, § 1001 (1995); N.C. Gen. Stat. § 14-183 (1994) ; Haw. Rev.”
State v. Holmes, 412 S.E.2d 660 (N.C. 1992).
· cites it 2× “Nothing herein shall render any spouse competent or compellable to give evidence against the other spouse in any criminal action or proceeding, except to prove the fact of marriage and facts tending to show the absence of divorce or annulment in cases of bigamy and in cases of…”
State v. . Jones, 40 S.E.2d 700 (N.C. 1946).
“Bigamy as defined by G. S., 14-183, is committed when the second marriage is contracted.”
State v. Alford, 161 S.E.2d 575 (N.C. 1968).
“Nothing herein shall render any spouse competent or compellable to give evidence against the other spouse in any criminal action or proceeding, except to prove the fact of marriage and facts tending to show the absence of divorce or annulment in cases of bigamy and in cases of…”
State v. Williams, 224 N.C. 183 (N.C. 1944).
“, 4342), the pertinent provisions of which follow: “If any person, being married, shall contract a marriage with any other *190 person outside of tbis State, wbicb marriage would be punishable as bigamous if contracted within this State, and shall thereafter cohabit with such…”
State v. Vandiver, 144 S.E.2d 54 (N.C. 1965).
· cites it 4× “8-57, defendant’s legal wife was a competent witness before the grand jury, which was con *327 sidering an indictment against him charging him with a violation of the provisions of G.S. 14-183, “to prove the fact of marriage and facts tending to show the absence of divorce or…”
State v. . Setzer, 37 S.E.2d 513 (N.C. 1946).
· cites it 2× “In this connection if it be conceded that since bigamy and bigamous cohabitation as defined by the General Assembly of North Carolina, are incorporated in one statute, G. S., 14-183, captioned “bigamy,” the two are of such kindred nature as to render the wife of defendant a…”
State v. Hill, 85 S.E.2d 411 (N.C. 1955).
“8-57, since the 1951 amendment, provides expressly that a wife is a competent witness against her husband in a criminal prosecution for bigamous cohabitation under G.S. 14-183 “to prove the fact of marriage.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.