In Re State In Interest Of Black

283 P.2d 887 (1955)

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Nature Of The Case

This section contains the nature of the case and procedural background.

Facts

The children of Leonard Black and Vera Johnson were deemed to be neglected, and custody was taken from them. The children were the issue of an unlawful polygamous marriage between Leonard and Vera and ranged in age from 2 to 17 at the time. Leonard was the father of three families with a total of 26 living children. The relationship and community in which they lived was disturbed on 7-24-53 when a raid was made by Arizona law enforcement. Apparently, from the trial transcripts, Leonard was alleged to have taken care of the entire brood in a relatively good manner as the children were all strong, healthy, had good grades in school, were well fed and dressed. Leonard and Vera were essentially found guilty of polygamy and that this environment was immoral for the rearing of children. Leonard and Vera opposed the action based on freedom of religion and freedom of speech.

Issues

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Holding & Decision

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Legal Analysis

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