Clinnard v. State

ON STATE'S motion for rehearing.

BEAUCHAMP, Judge.

The State’s motion for rehearing challenges the correctness of our opinion on appellant’s motion for rehearing.

It is admitted in the State’s motion that these are three constituent elements of the offense of bigamy, — “(1) the former or valid marriage of the accused (2) the subsequent marriage of the accused to another in this State, and (3) that the former husband or wife of the accused was living at the time of the alleged bigamous marriage.” It is argued that because the State proved the two marriages by direct testimony, no necessity arose…