Johnson v. Commonwealth
Court of Appeals of Kentucky
Case 17 — INDICTMENT APPEAL FROM WHITLEY CIRCUIT COURT. It is the act of marrying a second time while his first wife was alive which constitutes the offense of appellant, if any he has committed, and since the indictment shows that act was committed in another State, the facts stated in the indictment do not constitute an offenso within the jurisdiction of the Whitley circuit court.
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Case 17 — INDICTMENT APPEAL FROM WHITLEY CIRCUIT COURT. It is the act of marrying a second time while his first wife was alive which constitutes the offense of appellant, if any he has committed, and since the indictment shows that act was committed in another State, the facts stated in the indictment do not constitute an offenso within the jurisdiction of the Whitley circuit court. (Gen. Stats., chap. 29, art. 4, sec. 10; Ibid., chap. 52, subsec. 3 of sec. 2; Bishop on Crim. Law, vol. 2, sec. 1025.) Submitted without argument.
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OF THE COURT.
The offense of wMcli appellant lias been convicted is bigamy, alleged in the indictment to have been committed July 31,-1886, by becoming married in the State of 'Tennessee, having previously married another in this State, who was at the time and still is alive, and the marriage with whom had never been annulled or adjudged to be void.
The offense of bigamy is committed by the act of marrying one woman while the wife by a former marriage is still alive, and the first contract of marriage is still in force. That act, as stated in the indictment, was…
2Cited by3 opinions
- Green v. StateIndiana Supreme Court · 1953
- People v. DevineMichigan Supreme Court · 1915
- Kinser v. CommonwealthCourt of Appeals of Kentucky · 1918