Busby v. State

MORROW, Presiding Judge.

The appellant was convicted of, bigamy. He first married Gracie Leona Rogers and later married Ollie Gibson.

The defense relied upon and submitted to the jury was a mistake of fact.

Appellant claimed and testified that at the time of the second marriage he believed that a decree of divorce had been entered dissolving the former marriage. He sought, by certain proof made and by certain evidence offered and excluded, to show the ground for this belief; that his mistake of fact did not arise from a want of proper care. He had brought suit against his wife for a divorce and…