Cartwright v. State

1. A witness is not incompetent to testify against her alleged husband in a criminal case where the uncontradicted testimony shows that before her marriage to him she was married to another man who was living at the time of the trial, and from whom she had obtained no divorce. The second marriage was void, notwithstanding it was made in good faith and after a lapse of seven years when the former spouse was no longer presumed to be in life. In such event the presumption of death, and consequently of legality of the second marriage, which obtained in the absence of proof that the former spouse…