Ex Parte State

The appellant, Clifton Vance, was convicted of bigamy — marrying another having a former wife living at the time — under section 6389, Code 1907.

The provisions of section 6390 do not apply to any person who prior to such second marriage had procured a decree from a court of competent jurisdiction, dissolving his or her former marriage and allowing him or her the privilege of marrying again. Section 6390, Code 1907.

Section 3811, Code 1907, provides:

“When a decree has been rendered granting a divorce in this state, the court shall decree that neither party shall again marry except to each other…