Goza v. State

1. “To constitute a valid marriage in this State, there must be parties able to contract. Civil Code, § 2930 [‘Code § 53-101]. A party to a previous marriage undissolved is a party unable to contract marriage. § 2931 [Code § 53-102 (1)]. A marriage by such a person is void; but the issue of such marriage before it is annulled and declared void by a competent court, are legitimate. § 2935 [Code § 53-104], Even where a party to a bigamous marriage is convicted of the offense of bigamy, ‘the issue of such marriage, born before the commencement of any prosecution for polygamy, . . . shall,…