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Umiich v Trust Territory [1967] TTLawRp 1; 3 TTR 231 (11 January 1967)

3 TTR 231

ULUDONG UMIICH,
Appellant

v.

TRUST TERRITORY OF THE PACIFIC ISLANDS,
Appellee

Criminal Case No. 284
Trial Division of the High Court
Palau District

January 11, 1967

Defendant was convicted in Palau District Court of bigamy, in violation of T.T.C., Sec. 406. On appeal, defendant contends that cohabitation does not constitute bigamy when there has been no marriage between the parties under Palau customary law. The Trial Division of the High Court, Chief Justice E. P. Furber, held that appearance of marriage under local custom is sufficient to constitute "marrying" within meaning of Trust Territory law defining bigamy.

Affirmed.

1. Bigamy - Appearance of Marriage

Word "marry" in bigamy statutes is used in peculiar sense and, as applied to second or bigamous marriage, does not mean to effect legal marriage, but merely to appear to marry. (T.T.C., Sec. 406)

2. Bigamy - Generally

To constitute bigamous marriage, it is immaterial whether alleged marriage is illegal or defective for some other reason in addition to prior and still-existing marriage of accused. (T.T.C., Sec. 406)

3. Bigamy - Appearance of Marriage

Appearance of common law marriage not involving any ceremony is sufficient to constitute appearance of marriage for purposes of bigamy statutes, in jurisdictions which still recognize common-law marriages. (T.T.C., Sec. 406)

4. Bigamy - Appearance of

In Trust Territory, where marriages under local custom are expressly recognized, appearance of marriage under local custom is sufficient to constitute "marrying" within meaning of bigamy statute, even though no marriage ceremony is involved. (T.T.C., Sees. 406, 694)

5. Bigamy - Generally

Where accused and alleged bigamous spouses purported to and did all things required of them for marriage under Palauan custom, and were generally considered in community to be married, accused was "married" within meaning of statute defining bigamy. (T.T.C., Sec. 406)

6. Bigamy - Generally

In criminal prosecution for bigamy, trial court may find accused did "marry" his alleged bigamous wife, as term is used in Trust Territory law defining bigamy, regardless of whether actions would have constituted legal marriage if accused's prior marriage to another were not in effect.

FURBER,