Hull v. State
Court of Appeals of Texas
Appeal from the District Court of Shackelford. Tried below before the Hon. J. E. Fleming. The case is indicated in the opinion.
1Opinion of the CourtClark, J.
A prosecution for unlawful marriage can be sustained only by allegation and proof of a prior valid marriage and a subsequent marriage, the legal husband or wife being still alive. Divorce, or absence for five years, the party marrying not knowing that the other was alive, would seem to be matters of defence. May v. The State, 4 Texas Ct. App. 424; Gorman v. The State, 23 Texas, 646.
The continued existence of the lawful spouse need not be established by positive testimony, but only by such patent facts and circumstances as many enable the jury to reasonably infer- such existence. No artificial…
2Cases cited3 opinions
- Yates v. HoustonTexas Supreme Court · 1848
- Lockhart v. WhiteTexas Supreme Court · 1856
- Gorman v. StateTexas Supreme Court · 1859
3Cited by2 opinions
- Fletcher v. StateIndiana Supreme Court · 1907
- Oxford v. StateCourt of Criminal Appeals of Texas · 1927