58 Neb. 49 | Neb. | 1899
The defendant Frederick D. Reynolds was convicted of bigamy and sentenced to imprisonment in the penitentiary for a term of seven years. He was found guilty on the first count of the information, which charges a first marriage with Jennie Ford in Beaverhead county, in the state of Montana, in February, 1895, and a second marriage with Lizzie J. Caulk in Hayes county, Nebraska, in July 1897. The solemnization of both marriages, as alleged in the information, was shown by competent evidence and was admitted by the defendant while testifying as a witness in his own behalf. The hypothesis upon which the defense was conducted was that the Montana marriage was void for the reason that both the contracting parties were at the time bound by prior matrimonial alliances and so lacking in legal capacity to marry or live in lawful wedlock. Jennie Ford being produced as a witness for the state on cross-examination gave testimony from which it appears that she,
Reversed and remanded,