Tharp v. Commonwealth

Opinion op the Court by

Chief Justice Dietzman

Reversing.

The appellant was indicted for the offense of bigamy, found guilty, sentenced to serve five years in the penitentiary, and appeals.

On the trial, the commonwealth proved a marriage between the defendant and Emma Scott in West Virginia on June 10,1930, and a marriage between the appellant and Grace Barnett in Lee county on March 18, 1931. When the first wife, Emma Scott Tharp, had completed her direct examination, the appellant on cross-examination asked her if prior to her marriage to him in June, 1930, she had not been married, and she…