White v. State

The plaintiff in error lias been convicted under section 6760 of Thompson’s-Shannon’s Code, for marrying and cohabiting with a second wife, having a former wife still living. The jury fixed his maximum punishment at three years in the penitentiary and he has appealed in error to this Court.

It is first assigned for error that the indictment is bad for duplicity and that the trial judge improperly overruled this contention.

Section 6760, Thompson’s-Shannon’s Code, is as follows :

“If any person, being married, shall marry another person, the former husband or wife then living, or continue to…