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Busby v. State

89 Tex. Crim. 213 (1921)

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Busby v. State

Texas Court of Criminal Appeals

89 Tex. Crim. 213 (1921)

Facts

Samuel Busby (defendant) was charged with bigamy after marrying his second wife, Ollie Gibson. Busby testified at trial that at the time he married Gibson, he believed his first marriage to Gracie Leona Rogers had been dissolved. Busby had sued Rogers for divorce, and Busby’s sister had received a letter from Rogers in which Rogers stated that she was divorced. Busby also sought to introduce testimony from Gibson, who would have testified that she learned from Busby’s divorce lawyer that the divorce had been granted. The trial court excluded Gibson’s testimony on the ground that it was hearsay. Busby was convicted of bigamy by a jury. Busby appealed.

Rule of Law

Issue

Holding and Reasoning (Morrow, J.)

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