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Philosophy 2080
James Hildebrand

CRIMINAL LAW MISTAKE THE QUEEN v TOLSON CASE y At the summer assizes at Carlisle in 1888 the prisoner Martha Ann Tolson was convicted of bigamy That the marriage of the prisoner to Tolson took place 1880 Tolson deserted her in 1881 And her father made inquiries about hi and learned from his elder brother and from general reports that he had been lost in a vessel bound for America Husband of the prisoner was dead would not a defence to a charge of bigamy The jury convicted the prisoner they thought that she in good faith on reasonable grounds believed her husband to be dead at the time and sentenced her only to one days imprisonment The conviction was to be affirmed WILLS J y A few months after the second marriage he reappearedy Whoever being married shall marry any other person during the life of the former husband or wife shall be guilty of felony punishable with penal servitude for not more than seven years or imprisonment with or without hard labour for not more than two years There is no doubt that under the circumstances the prisoner fell within
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