HERROD v. STATE

8 Div. 449.

86 So.2d 839 (1956)

John W. HERROD v. STATE.

Court of Appeals of Alabama.

Rehearing Denied February 7, 1956.


Attorney(s) appearing for the Case

Matt H. Murphy, Jr., Birmingham, for appellant.

John Patterson, Atty. Gen., and Wm. H. Sanders, Asst. Atty. Gen., for the State.


PRICE, Judge.

The indictment alleged that defendant, "having a wife then living, unlawfully married Earlene Jackson or did continue to cohabit with the said Earlene Jackson in this State."

The defendant's motion to exclude the State's evidence, made at the conclusion of the State's case, was granted as to the bigamy charge, and the general affirmative charge, at defendant's request, was given as to the bigamy offense...

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