Cathron v. State

Citations

• 40 Fla. 468

Syllabus

<p>1. Under the first'clause of section 3603, Revised Statutes, prescribing a penalty against one who, having a former husband or wife living, marries another person in this State, the second marriage constitutes the gist of the offense and must be laid in the indictment with particulars of time and place; 'but the first marriage being matter of inducement may be averred without particulars of .time and place-</p> <p>3. Under the second clause of Section 3603, Revised Statutes, prescribing a penalty against one who, having a former husband or wife in this State, the continued cohabitation constitutes the gist of the offense, and must be laid in the indictment with particulars of time and place, but the two marriages being matters of inducement, need not be averred with particulars of time and place, and are sufficiently charged if alleged to have been contracted with certain named persons, prior to the time of the alleged continued cohabitation.</p>