Brown v. State

CHRISTIAN, Judge.

The offense is bigamy; the punishment, confinement in the penitentiary for two years. •

Omitting the formal parts, the indictment charges that—

“Ancil Brown did then and there unlawfully marry Francis Stricklend, the said Ancil Brown then and there having a former wife, to-wit, Ruby Brown then living, and he, the said Ancil Brown, had theretofore, to-wit, on the 3rd of January, A. D. 1925, lawfully married to said Ruby Brown.”

Appellant moved to quash the indictment on the ground that it was not alleged therein that at the time he married Francis Stricklend he had a former wife…