Carroll v. Commonwealth

Opinion op the Court by

Clay, Commissioner

Affirming.

The appellant, Mallie Burton Carroll, was convicted of the crime of bigamy and sentenced to three years in the penitentiary. He appeals on the ground that the Commonwealth failed to sustain the burden of proving (1) a valid first marriage, and (2) a bigamous second marriage.

The case for the Commonwealth was as follows: The Deputy Clerk of the Payette County Court proved the issuance of a Marriage License to appellant and Margaret Puhrman on- July 1, 1946, and the official record of a Marriage Certificate executed that same date by the duly…