Bigamy is the unlawful marriage of a person to another when he or she already has a lawful wife or husband living. The first wife or husband must be living at the time of the second marriage.25 And, of course, the first marriage must be a valid one.26 It is the unlawful marriage during the existence of a previous marriage which constitutes the offense, although the accused may never have had carnal knowledge under the second marriage.26 Merely going through a marriage ceremony with a knowledge of its unlawfulness is sufficient to constitute the crime;28 and cohabitation or sexual intercourse is not essential to complete the offense.29 Bigamy was not a crime at common law, but it was made a felony by English statute.30

22 Kendrick vs. State, 100 Ga., 360. 23 Mine vs. People, 58 HI., 60; Crane vs. People, 168 Ill., 406;

Hughes' Cr. Law, Sec. 1954.

24 State vs. Butler, 8 Wash., 194;

Miner vs. People, 58 Ill., 60;

Smith vs. Com., 54 Pa. St., 209.

25 Pritchard vs. People, 149 Ill., 50.

26 Beggs vs. State, 86 Ala., 108;

State vs. Cone, 86 Wis., 498; Tucker, 122 Ill., 583; Underbill's Cr. Ev., 398. 27 Nehms vs. State, 84 Ga., 467;

Gise vs. Com., 81 Pa. St., 428;

3 Greenl. Ev., Sec. 203. 28 Underhill's Cr. Ev., Sec. 398;

Hughes' Cr. Law, Sec. 1979.

29 Scoggins vs. State, 32 Ark., 205;

Cox vs. State, 117 Ala., 103; Gise vs. Com., 81 Pa. St., 428.

30 4 Am. & Eng. Ency. Law, 35

(2nd Ed.).