State v. M'Whinney

Indiana Supreme Court

State v. M'Whinney

5 Blackf. 364, 1840 Ind. LEXIS 71

CourtIndiana Supreme Court

DecidedJuly 28, 1840

StatusPublished

Cited by1 cases

This text of 5 Blackf. 364 (State v. M'Whinney) is published on Counsel Stack Legal Research, covering Indiana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. M'Whinney, 5 Blackf. 364, 1840 Ind. LEXIS 71 (Ind. 1840).

Pincite

Opinion

Blackford, J.

Indictment against a justice of the peace for not filing a certificate of the solemnization of a marriage, &c. The Circuit Court, on the defendant’s motion, quashed the indictment.

. Two objections are made to the indictment. 1. It'does not state that the marriage license was sealed; 2. It does not give the name of the clerk who issued the license.

These objections are not well founded. The offence is for not filing in the clerk’s office a certificate of the solemnization of the marriage,, within the proper time. It is riot material to the offence; that a license should have.issued.

Per Curiam.

The judgment is reversed with costs. Cause remanded, &c.

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