Stevens v. State

DAVIDSON, Judge.

This is a conviction for bigamy; the punishment, two years in the penitentiary.

It is undisputed that the first marriage was a valid ceremonial marriage and that the second, or bigamous, marriage is made to depend entirely upon circumstances claimed to be sufficient to constitute a common-law marriage.

Appellant insists that (a) a bigamous marriage cannot be founded upon a common-law marriage, and (b) the instant facts do not show a common-law marriage.

The basis of the first contention lies in the fact that a bigamous marriage is absolutely void and therefore may not be the…