Bethany v. State

MORROW, Presiding Judge.

—Conviction is for bigamy; punishment fixed at confinement in the penitentiary for a period of two years.

Appellant was married to Rosia M. Keener in 1916, and divorced from her on June 6, 1921. On March 14, 1921, he married Ninnie Spates. He did not cohabit with the said Ninnie Spates until after his divorce, when he was remarried to her.

It is the theory of the defense that the marriage of the 14th of March, not followed by a cohabitation, does not satisfy the law defining the offense of bigamy, wherein it is said: “If any person who has a former wife or husband living…