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Man convicted, sentenced for adultery

Published 11:31pm Wednesday, March 6, 2013

A Pike County man has been convicted of adultery and was sentence for his crime on Monday.

James Tolbert was given a suspended sentence of 10 days in the county jail and six months of unsupervised probation, according to information from the Pike County Sheriff’s Office.

A woman who identified herself as Tolbert’s wife contacted the sheriff’s office in December 2011 in reference to her husband marrying a second woman.

According to information provided by the sheriff’s office, the caller said she and Tolbert married on Jan. 18, 1972 in Lumberton, N.C. and then moved to Alaska. The woman said, even though she and Tolbert divorced on March 8, 1987, they continued to live together as man and wife and had a family together. She claimed she and Tolbert remarried on Jan. 30, 2008.

The next month Tolbert left Alaska for a family reunion in Pike County. He never returned to Alaska and the caller found out Tolbert married another woman in Pike County on June 25, 2008.

Tolbert told police he did not remarry his first wife in 2008, however, the Pike County Sheriff’s Office consulted Alaska records and found they corroborated Tolbert’s first wife’s story.

Tolbert was arrested for his crime on Sept. 14, 2012.

 

 

  • Bill_OReally

    I have heard of people being arrested for bigamy, but this is the first time I have heard of someone being arrested for adultery.

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  • Harry

    Right you are . Given the info. in the article that’s exactly what he would be guilty of , bigamy.
    This is a rare error on Robbyn’s usual good reporting .

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  • http://www.troymessenger.com Robbyn Brooks

    Happy Thursday, gentlemen,
    It was, indeed, adultery, according to the Sheriff’s Office. They were clear to make sure I understood he wasn’t convicted of bigamy. That said, I didn’t realize that adultery was a punishable crime. However, I looked in Alabama’s code and there it is.

    Section 13A-13-2
    Adultery.

    (a) A person commits adultery when he engages in sexual intercourse with another person who is not his spouse and lives in cohabitation with that other person when he or that other person is married.

    (b) A person does not commit a crime under this section if he reasonably believes that he and the other person are unmarried persons. The burden of injecting this issue is on the defendant, but this does not change the burden of proof.

    (c) Adultery is a Class B misdemeanor.
    (Acts 1977, No. 607, p. 812, §7005.)

    I am not sure how the charge came to be adultery, instead of bigamy, since that is in the Alabama code, too. But perhaps since Tolbert said he didn’t remarry his first wife, there was reasonable doubt as to whether he purposefully committed the crime. (I wasn’t in court for this one and didn’t hear the case.) Bigamy is a Class C Felony, whereas adultery is a Class B Misdemeanor. That might play into the outcome, as well.

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    • WDM

      Shouldn’t think it was reported wrong,it is just the complete story wasn’t printed on-line.The DA explained it fully I am sorry to say in another news paper.

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  • johngalt781

    They would need to turn some state into a jail if they locked up all the men and women that cheated

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