Gallaher v. State

This was an indictment found in pursuance of sections 4 and 5 of chapter 8 of “an act to provide for the punishment of crime and proceedings in criminal cases,” approved August 6th, 1868, which sections read as follows:

“Section- 4. Whoever, having a former husband or wife living, marries another person, or continues to cohabit with such second husband or wife in this state, shall (except in the cases mentioned in the following section,) be deemed guilty ’ of polygamy, and be punished by imprisonment in the State Penitentiary not exceeding five years, or in the county jail not exceeding one…