Henderson v. State

SAMFORD, Judge.

Defendant Jeff Henderson was the son of Henry Henderson by his first wife. After the death of Jeff’s mother, Henry, the father, married Margaret Guy. By this union there were no children. Henry, the father, died and after his death Jeff married Margaret. The evidence was without conflict, and the record presents the sole issue as to whether Jeff and Margaret were at the time of marriage within the degree of affinity prohibited by section 8991 of the Code of 1923.

The above section provides that: “The son must not marry his mother or stepmother * * *.” Section 4522 of the Code…