In a prosecution for bigamy it devolves on the state to prove a valid first marriage and that the lawful spouse of the defendant was living at the time of the second mar riage; Sokel v. People, 212 Ill. 238, 72 N. E. 382; State v. Kniffen, 44 Wash. 485, 87 Pac. 837, 120 Am. St. Rep. 1009, 12 Ann. Cas. 113; McCombs v. State, 50 Tex. Cr. R. 490, 99 S. W. 1017, .9 L. rt. A. (N. S.) 1036, 123 Am. St. Rep. 855, 14 Ann. Cas. 72. Belief of the death of the former wife is no defence to a prosecution for bigamy ; Cornett v. Com., 134 Ky. 613, 121 S. W. 424, 21 Ann. Cas. 399. The first marriage may be proved by the admissions of the prisoner; Miles v. U. S., 103 U. S. 304, 26 L. Ed. 481. When the first marriage is proved to the satisfaction of the court, the second husband is admissi ble as a witness for or against the defend ant; Whart. Cr. Ev. § 397; State v. Johnson, 12 Minn. 476 (Gil. 378), 93 Am. Dec. 241; 4 Up. Can. (Q. B.) 588; Miles v. U. S., 103 U. S. 304, 26 L. Ed. 481.
A conviction for bigamy has been support ed although the person who solemnized the marriage had not the required authority ; Carmichael v. State, 12 Ohio St. 553, but I see Bates v. State, 29 Ohio Cir. Ct. Rep. 189; 20 Harv. L. Rev. 576. Admissions of
a prior marriage in a foreign country are sufficient without proof of cohabitation or other corroborating circumstances to estab-1 lish the marriage; otate v. Wylde, 110 N. C. 500, 15 S. E. 5.
Where the first marriage was made abroad, it must be shown to have been valid where made; People v. Lambert, 5 Mich. 349, 72 Am. Dec. 49. When the celebration of the marriage is once shown, every fact neces sary to its validity will be presumed until the contrary is shown; People v. Calder, 30 Mich. 85, Fleming v. People, 27 N. Y. 329 ; Corn. v. Kenney, 120 Mass. 387, where the marriage was performed in a foreign coun try; but see-Weinberg v. State, 25 Wis. 370.
Reputation and cohabitation are not suffi cient to establish the fact of the first mar riage; Gahagan v. People, 1 Park Cr. Cas. (N. Y.) 378. If the second marriage be in a foreign state, it is not bigamy ; People v. Mosher, 2 Park. Cr. Cas. (N. Y.) 195; except by statute; 36 E. L. & Eq. 614. Where the first marriage was not performed according to the statute and there is no evidence of subsequent cohabitation of the parties the second marriage is not bigamy ; People v. McQuaid, 85 Mich. 123, 48 N. W. 161.
See MARRIAGE.