Foster v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of El Paso. Tried below before Hon. T. A. Falvey. This appeal is from a conviction for bigamy, wherein the punishment affixed by the court below was three years confinement in the penitentiary. A statement of the evidence elicited in the case is not required, beyond the fact that a valid subsisting previous marriage was proved by the prosecution.
1Opinion of the Court
DAVIDSON, Judge.
Appellant was convicted of bigamy. On the trial the State adduced in evidence the marriage license. During the argument defendant’s counsel moved to exclude the license because it did not show upon its face to have been issued by the county clerk, he being the only officer authorized by law to issue such license. At the time the license issued the offices of district and county clerk of El Paso County were held and filled by the same person, under the provisions of law. That the officer signed the license as district clerk instead of as county clerk, could not and did not…
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