Grace v. State

This is an appeal from a conviction of bigamy. Appellant and Eddie Mae Blanks were married August 12, 1935. Appellant contracted another marriage with Cloteal Jones, December 25,1948.

Error is assigned for the failure of the State to prove the former wife to be alive at the time of the second pretended marriage. The record amply shows that she was living at the time of the trial.

Further error is based upon an alleged variance between the allegation and proof as to the date of the second marriage. It is true that the memory of the officiating minister fixed the date as December 25, 1949.…