Herrod v. State

PRICE, Judge.

The indictment alleged that defendant, “having h - wife then living, unlawfully married Earlene Jackson or did continue to cohabit with the said Earlene Jackson in this State.”

The defendant’s motion to exclude the State’s evidence, made at the conclusion of the State’s case, was granted as to the bigamy charge, and the general affirmative charge, at defendant’s request, was given as to the bigamy offense. The defendant was found guilty of “unlawful cohabitation,” and was sentenced to the penitentiary for a term of two years.

Section 249 of Title 15, Code 1940, provides: “When…