-Belief that wife has secured divorce no defense, 235-230. --Divorce must be valid to be defense, 235-230.

-Not presumed from alleged common law marriage followed by regular marriage to another, 213-154.

--Indictment must allege another wife living at time of bigamous marriage, 149-50.

--Evidence of common law marriage, 156-511.

-What constitutes, 219-265; 149-50; 117-88; 2 Scam 232. 29. Proof and Venue. It shall not be necessary to prove either of the marriages by the register or certificate thereof, or other record evidence; but the same may be proved by such evidence as is admissable to prove a marrriage in other cases. The offense may be alleged to have been committed, and the trial may take place in the county where cohabitation shall have occurred.

-Wife as witness against accused, 203-543.

--Marriage while intoxicated good until annulled, 203-543. -Mental state of accused at time of marriage, 203-543. -What is proof of, 219-265; 117-88.

-Second wife-when competent, 219-265; 203-543.

-Proof of marriage-what sufficient, 203-543; 16-85; 2 Seam 2: 2 Scam 232.

-Letters between husband and wife, competent, 122-583. 30. Marrying a Bigamist. If any man or woman being unmarried shall knowingly marry the husband or wife of another, or continue to cohabit with such husband or wife in this state, such man or woman shall be fined not more than $500, or confined in the county jail not exceeding one year, or both, in the discretion of the court.

BRIBERY.

31. Crime defined-penalty. 32. Offering to give. Offering to receive.

33. Of judicial officer.

34. Of sheriff, constable, etc. 35. Immunity of witness. Penalty.

35a. Of Municipal Officers.

31. Punishment. Whoever corruptly, directly or indirectly, gives any money or other bribe, present, reward, promise, contract, obligation or security for the payment of any money, present, reward or any other thing, to any judge, justice of the peace, sheriff, coroner, clerk, constable, jailer, attorneygeneral, state's attorney, county attorney, member of the General Assembly, or other officer, ministerial or judicial, or to any legislative, executive or other officer of any incorporated city, town or village, or any officer elected or appointed by

virtue of any law of this state, after his election or appointment, either before or after he is qualified, with intent to influence his act, vote, opinion, decision or judgment on any matter, question, cause or proceeding which may be then pending, or may by law come or be brought before him, in his official capacity, or to cause him to execute any of the powers in him vested, or to perform any duty of him required, with partiality or favor, or otherwise than is required by law, or in consideration that such officer being authorized in the line of his duty to contract for any advertising, or for the furnishing of any labor or material, shall directly or indirectly arrange to receive, or shall receive, or shall withhold from the parties so contracted with, any portion of the contract price, whether that price be fixed by law or by agreement, or in consideration that such officer hath nominated or appointed any person to any office, or exercise any power in him vested, or performed any duty of him required, with partiality or favor, or otherwise contrary to law, the person so giving, and the officer so receiving any money, bribe, present, reward, promise, contract, obligation or security, with intent or for the purpose or consideration aforesaid, shall be deemed guilty of bribery, and shall be punished by confinement in the penitentiary for a term not less than one year nor more than five years. [See "Cities," etc., ch. 24, § 79; "Officers," ch. 102, § 3, 4.] -By use of check-check good evidence, 247-130. -By officer-proof of holding office, 247-130. -What is proof of, 247-130; 265-122.

-Act held good, 206-337.

-Bribery at election held infamous, 206-337.

-Illegal voting not shown by facts-records do not show naturalization, 206-80.

-Burden is on one asserting illegality, 206-80.

-Attempt to bribe, 65-58; 265-122.

--Of municipal officer under this section, 247-130.
At common law, 265-122.

-Intent must be shown, 265-122.

-Of a policeman, 277-308.

32. Offering to Give or Receive. Every person who shall offer or attempt to bribe any member of the General Assembly, judge, justice of the peace, sheriff, coroner, clerk, constable, jailer, attorney-general, state's attorney or other officer, ministerial or judicial, or any legislative, executive or other offi cer of any incorporated city, town or village, or any officer elected or appointed by virtue of any law of this state, in any of the cases mentioned in the preceding section, and every such

officer who shall propose or agree to receive a bribe in any of such cases, shall be fined not exceeeding $5,000.

-Of policeman to secure police protection, 247-130.
-Evidence in bribery of policeman, 247-130.

-Proof that accused held an office-what sufficient, 247130.

-Was a misdemeanor at common law, 65-58.
-Offer to bribe under Act of 1845 is not, 65-58.

33. Of Judicial Officers. Whoever corrupts, or attempts, directly or indirectly, to corrupt any master in chancery, auditor, juror, arbitrator, umpire or referee, by giving, offering or promising any gift or gratuity whatever, with intent, to bias the opinion, or influence the decision of such master in chancery, auditor, juror, arbitrator, umpire or referee, in relation to any matter pending in the court, or before an inquest, or for the decision of which such arbitrator, umpire or referee has been chosen or appointed, and every such official who receives, or offers, or agrees to receive a bribe in any of the cases above mentioned, shall be imprisoned in the penitentiary for a term of not less than one year and not more than five years, or fined not exceeding $1,000 and confined in the county jail not exceeding one year.

34. Of Sheriff, Constable. § 34. If a sheriff, constable, or other officer authorized to serve legal process, receives from a defendant, or from any other person, any money or other valuable thing as a consideration, reward or inducement for omitting or delaying to arrest a defendant, or to carry him before a magistrate, or for delaying to take a person to prison, or for postponing the sale of property under an execution, or for omitting or delaying to perform any duty pertaining to his office, he shall be fined not exceeding $300, or confined in the county jail not exceeding three months.

35. Witness-Release from Liability-Pro se.] § 35. Whenever, in any investigation before a grand jury, or the trial of any person charged with any offense mentioned in either of the four preceding sections, it shall appear to the court that another person than the one charged is a material and necessary witness in the case, and that his testimony would tend to criminate himself, the court may cause an order to be entered of record that such witness be released from all liability to be prosecuted or punished on account of any matter to which he shall be required to testify, and upon such order being entered, such witness shall be compelled to testify; and if he shall testify, such order shall forever after be a bar to any indictment, information or prosecution against him for such

matter. And when any such witness is admitted to testify on the trial, and does so testify, the defendant shall also at his own request be deemed a competent witness, but his neglect or refusal to testify shall not create any presumption against him, nor shall the court permit any reference or comment to be made to or upon such neglect or refusal.

-Witness can not be compelled to incriminate self, 237-173. -Incriminating testimony-what is gambling contract,

160-613.

35a. Of Municipal Officers. (Hurd Ch. 24, § 79.) Every person who shall promise, offer or give, or cause, or aid, or abet in causing to be promised, offered or given, or furnish or agree to furnish, in whole or in part, to be promised, offered or given to any member of the city council or board of trustees, or any officers of the corporation, after or before his election or appointment as such officer, any moneys, goods, right in action, or other property or anything of value, or any pecuniary advantage, present or prospective, with intent to influence his vote, opinion, judgment or action on any question, matter, cause or proceeding which may be then pending, or may by law be brought before him in his official capacity, shall, upon conviction, be imprisoned in the penitentiary for a term not exceeding two years, or shall be fined not exceeding $5,000, or both, in the discretion of the court. Every officer who shall accept any such gift or promise, or undertaking to make the same under any agreement or understanding that his vote, opinion, judgment or action shall be influenced thereby, or shall be given in any question, matter, cause or proceeding then pending, or which may by law be brought before him in his official capacity, shall, upon conviction, be disqualified from holding any public office, trust or appointment under the city or village, and shall forfeit his office, and shall be punished by imprisonment in the penitentiary not exceeding two years, or by a fine not exceeding $5,000, or both, in the discretion of the court. Every person offending against either of the provisions of this section, shall be a competent witness against any other person offending in the same transaction, and may be compelled to appear and give evidence before any grand jury or in any court in the same manner as other persons; but the testimony so given shall not be used in any prosecution or proceeding, civil or criminal, against the person so testifying.

-Of public official-evidence, 276-363.

36. Punishment-Burglary. Whoever willfully and maliciously and forcibly breaks and enters, or willfully and maliciously, without force (the doors or windows being open), enters into any dwelling-house, kitchen, office, shop, store-house, warehouse, malt-house, stilling-house, mill, pottery, factory, wharf-boat, steamboat, or other water craft, freight or passenger railroad car, church, meeting-house, school house, or other building, with intent to commit murder, robbery, rape, mayhem, or other felony or larceny, shall be deemed guilty of burglary, and be imprisoned in the penitentiary for a term not less than one year nor more than twenty years: Provided, however, that whoever willfully and maliciously and forcibly breaks and enters, or willfully and maliciously, without force, (the doors or windows being open), enters into any dwellinghouse, in the night time, with intent to commit murder, robbery, rape, mayhem or other felony or larceny, shall, on conviction, be imprisoned in the penitentiary for a term of not less than five years, nor more than twenty years: Provided, further, that if at the time of committing the offense mentioned in the proviso, such person shall be found with any deadly weapon, deadly drug, or anaesthetic upon his person or in his possession, he shall on conviction, be punished by imprisonment in the penitentiary for any term of years not less than five.

-Instructions-defining as per statute-good, 242-628.
-Instructions-defining accessory to-good, 242-628.
-Indictment description of house, 229-598; 139-213.
-With intent to murder, 229-598.

-Prosecution not barred because of release from murder charge for failure to try speedily, 229-598.

-Indictment-averring ownership of building, 214-170; 284

589.

-Indictment in, not quashed if good for larceny, 171-307;

99-187.

-Indictment in words of statute is sufficient, 68-271.
-Entering building owned by partnership, 206-417.
-Hotel is "other building," 206-417.

-"Other building," what included, 139-213, 94-456.
-Evidence to show-possession of keys, 206-417.
-Robbing hen-house is, 171-307.