59 So. 715 | Ala. Ct. App. | 1912
The defendant was convicted of bigamy, and appeals.
The charging part of the indictment, as set out in the record, is as follows: “The grand jury of said county charge that, before the finding of this indictment, William Witt, having a wife then living, unlawfully married on Pearl Randolph, against the peace and dignity
The certificates to the copy of the records of Lincoln county, Tenn., of the marriage of the defendant to Mary Washburn are in accordance with the United States statute (3 Fed. Stat. Ann. § 906, p. 39, U. S. Comp. St. 1901, p. 677; Reid v. State, 168 Ala. 118, 53 South. 254), and the certified copy was properly admitted in evidence.
The decree of divorce granted by the superior court of Oklahoma county, state of Oklahoma, did not by the terms of the decree become absolute or take effect until six months after the 14th day of May, 1910, and the undisputed evidence shoAved that the defendant, having a wife then living, contracted a second marriage with Pearl Randolph on the 25th day of June, 1910, before the decree of divorce, even if valid, became operative or of force and effect as a decree. The decree Avas inoperative on its face until the six months have expired, and in fixing the status of the parties during that period is in effect but a decree nisi, and a marriage contracted Avith another party within such period by either of the parties to the suit is void, and necessarily then is- bigamous. This is the English rule. — Warter v. Warter, 15 P. D. (Law Rep.) 152. - Decrees granted under the provisions of the statutes of our state, prohibiting marriage of the parties until the decretal order authorizing
To constitute bigamy under our statute (Code, § 6389), it is only necessary that a person having a former wife or husband living contract a marriage with another (Reid v. State, 168 Ala. 118, 53 South. 254) ; and under the undisputed testimony, these facts having been shown by competent evidence, the state was entitled to the general charge, and the rulings on the evidence, not going to the admission of this evidence, if error, would not be prejudicial to the defendant, authorizing a reversal of the case.
The only evidence, except the decree of divorce herein-above discussed, introduced by the defendant, was evidence showing his good character, and this alone is not sufficient to generate a reasonable doubt of guilt.— Webb v. State, 106 Ala. 52, 18 South. 491; Scott v. State, 105 Ala. 57, 16 South. 925, 53 Am. St. Rep. 100; Johnson v. State, 102 Ala. 1, 16 South. 99; Springfield v. State, 96 Ala. 81, 11 South. 250, 38 Am. St. Rep. 85; Johnson v. State, 94 Ala. 35, 10 South. 667; Pate v. State, 94 Ala. 14, 10 South. 665; Williams v. State, 52 Ala. 411.
The record contains no reversible error, and the case will be affirmed.
Affirmed.