Jordan

The information charged that the defendant committed the crime of bigamy by marrying one Sadie Kessler while tie was the lawful husband of Grace Jordan. The defendant was convicted and sentenced. The appeal is from the judgment and from an order denying his motion for a new trial.

The defense presented by appellant was and is that the marriage to Grace Jordan was void by reason of a prior subsisting marriage of defendant to one Cora Leak.

After the defendant had testified to some facts tending to prove his marriage to Cora Leak, he offered in evidence an exemplified copy of a marriage license purporting to have been issued by a county judge in Mayes County, Oklahoma, and which had indorsed thereon a certificate of marriage purporting to have been signed by “H. A. Pearce, Christian Minister.” It was certified by 'the county clerk that said instrument was “a full, true and correct copy of marriage license and certificate as the same appears of record and on file in my said office.”

Appellant’s first point on appeal is that the court erred in sustaining the district attorney’s objection to said-marriage license and certificate, which objection was that no proper foundation had…