Staley v. State

89 Neb. 701, 131 N.W. 1028 (1911)

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Staley v. State

Nebraska Supreme Court
89 Neb. 701, 131 N.W. 1028 (1911)

Facts

Alfred Staley (defendant) married his first cousin in Iowa, where a marriage between first cousins was legal. Staley and his cousin then lived together as husband and wife in Nebraska, where it was illegal for first cousins to marry. However, because the marriage was legal where it occurred, the marriage was legal in Nebraska. Despite this fact, the county prosecutor told Staley that the marriage was illegal and threatened to prosecute him for unlawfully living with his first cousin. Staley asked three attorneys whether his marriage was legal. All three attorneys told Staley that the marriage was void, which meant that it had no legal effect and that he did not need to get a divorce or annulment to end it. Although Staley knew that his wife was pregnant, Staley abandoned his wife and moved. A year later, Staley married another woman in a different Nebraska county. Staley was charged with the crime of bigamy. The crime of bigamy did not contain an intent element and was committed merely by someone with a living spouse marrying a second spouse. At trial, the court prevented Staley from introducing evidence that the county prosecutor and three attorneys had told him that his first marriage was void. Staley was convicted. On appeal, Staley argued that he should have been allowed to present evidence of the incorrect prosecution threat and legal advice because it showed that he did not intend to commit the crime of bigamy.

Rule of Law

Issue

Holding and Reasoning (Root, J.)

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