Huntley

Appellant was charged by information with the crime of bigamy. It was alleged, in substance, that on or about June 1, 1927, defendant unlawfully married one Nellie Jones, when at such time he had a lawful wife living. To this indictment defendant pleaded not guilty. Trial was had, which resulted in a conviction. It was proved that defendant had married one Phoebe Huntley in the year 1914. It was also proved that on June 1, 1927, defendant married one Nellie Jones, and that at such time Phoebe Huntley was still alive. The prosecution then rested and defendant failing to take the stand, no further evidence was introduced. Motion for an instructed verdict was thereupon made that defendant be acquitted, as the evidence was insufficient to sustain a verdict of conviction, the prosecution having failed to show that the first marriage was in full force and effect at the time the second marriage was entered into. The motion was denied. Defendant then offered an instruction to the same effect, which was refused. The verdict of conviction followed. Appellant’s sole contention is that it was not only necessary for the prosecution to prove the two marriages but that it should have gone…