Proof of Marriage in Bigamy Trial

8 GCA § 95.40 — under Evidence.

8 GCA § 95.40

Upon a trial for bigamy, it is not necessary to prove either of the marriages by the register, certificate, or other record evidence thereof, but the same may be proved by such evidence as is admissible to prove a marriage in other cases, and when the second marriage took place out of this Territory, proof of that fact, accompanied with proof of cohabitation thereafter in this Territory, is sufficient to sustain the charge. NOTE: Section 95.40 is identical to former § 1106. See also Cal. Pen. Code § 1106 (substantively same). See generally 1 B. Witkin, California Crimes, Crimes Against Decency and Morals § 533 (1963); B. Witkin, California Criminal Procedure Jurisdiction and Venue § 42(1963). See also 9 GCA § 31.10 (bigamy).