Abridged Indictments and Informations Part II
![handle is hein.journals/ilr12 and id is 365 raw text is: ABRIDGED INDICTMENTS AND INFORMATIONS. II*
BIGAMY11
A bigamous ceremony of marriage, being void, is really no mar-
riage at all. Hence in strict logic there is, in such cases, no second
marriage and no second spouse. For convenience, however,
we make use of such phrases to avoid more cumbersome forms of
expression. The statute itself speaks of the second husband or
wife.112 With this explanation it may be said that bigamy re-
sults when one who has a spouse living and undivorced, marries
again. Cohabiting with the second spouse under such circumstances
is also bigamy as long as the lawful marriage relation continues.
For this reason one may be convicted in this state for cohabiting
with the second spouse here, although the bigamous marriage took
place in another state. Moreover the statute of limitations will not
begin to run while the unlawful cohabitation continues and the for-
mer spouse remains alive and undivorced.3
The first marriage is important in giving rise to the status with-
out which this crime would not be present, but is no part of the
offense itself, and its date need not be stated in the indictment.'
The statute says: who has a former husband or wife living.
This form of expression is somewhat unfortunate because many
would refer to a divorced wife as a former wife although this
is obviously not what is meant. It might be sufficient for the in-
dictment to say having a wife living or just having a wife.
Bigamy, however, involves two ceremonies of marriage and because
* Copyright 1927 by RoLLIN M. PERKINs.
For the courtesy of reading the manuscript and making many helpful
suggestions, the writer is deeply indebted to Judge W. G. Bonner of the Ninth
Judicial District and to Alexander M. Miller and Francis J. Kuble of the
County Attorney's office of Polk County.
1' Iowa Code 1924, §12975. See the exceptions provided in §12976.
112 bid.
23 State v. Sloan, 55 Iowa 217, 7 N. W. 516 (1880).
114 State v. Hughes, 58 Iowa 165, 167, 11 N. W. 706 (1862). It was not
the lawful marriage which constituted the offense. It was the second mar-
riage, contracted while the defendant had a lawful wife living. It need not
even be stated to be a lawful and valid marriage because if not valid it
is no marriage. ]bid.](ViewImageLocal?handle=hein.journals/ilr12&div=34&collection=&method=preview&ext=.png&size=3)
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Abridged Indictments and Informations Part II
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