Herrin v. State

The indictment in this case charges Frank Herrin with bigamy, for that he “unlawfully and with force and arms, after having been legally married to Floy Darley, a female, did marry Ruby Clements, a female, without having been legalty divorced from his first wife, to wit, Floy Darley Herren, and the said Floy Darley Herren now living, contrary to the laws of said State, the good order, peace, and dignity thereof.” This indictment is based, on § 368 of Park’s Penal Code, which reads as follows: “ If any person being married shall marry another per*190son, the lawful husband or wife being alive, and…