Commonwealth v. Whaley

JUDGE PETERS

delivered the opinion oe the court.

Appellee was indicted for bigamy, charged to have been committed in the following manner: That the said James Whaley, on the 24th day of December, 1868, in the *267county and state aforesaid, and before the finding of this indictment, did then and there, having~a wife then living, unlawfully marry Laurena Farley, against the peace and dignity of the commonwealth of Kentucky.

To this indictment a demurrer was sustained, and the commonwealth complains of that judgment.

The word “marriage” has a technical meaning, and includes a compliance by the parties…