To establish a charge of bigamy the prosecution must prove the first or prior marriage; and this may be done by producing the record or a certified copy of it as provided by law.39 Such record evidence does not violate the constitutional right of the accused to meet the witnesses face to face.40 A marriage may also be established by the production of the marriage license properly indorsed by the official or person who performed the marriage ceremony,41 or by witnesses who were present and saw the ceremony performed.42 But the testimony of witnesses who were present at the marriage cannot overcome positive proof that such marriage was void.43 Marriage in a bigamy case may be shown by confessions and cohabitation, but

the proof must be clear and convincing.44 And the existence of marriage may be shown by general reputation in the community where the parties reside.45

36 Hughes' Cr. Law, Sec. 1990;

Com. vs. Lane, 113 Mass., 458;

Com. vs. Graham, 157 Mass., 37 Medrano vs. State, 32 Tex. Cr., 214. 38 State vs. Armitage, 25 Minn., 29;

Tucker vs. People, 122 Ill., 583. 39 State vs. Matlock, 70 Iowa. 229;

Tucker vs. People, 117 Ill., 91;

Johnson vs. State, 60 Ark., 308;

3 Greenl. Ev., Sec. 204; Hiler vs. People, 156 111., 511; Crane vs. State, 94 Tenn.,86; Squire vs. State, 46 Ind., 459.

40 Tucker vs. People, 122 111., 592;

Underhill's Cr. Ev., Sec. 405.

41 Jackson vs. People, 2 Scam.

(Ill.), 232.

42 State vs. Hughes, 58 Iowa, 165;

Com. vs. Hayden, 163 Mass., 453; Underhill's Cr. Ev., Sec. 402.

43 Canale vs. People, 177 Ill., 219.

44 Williams vs. State, 54 Fla., 131; State vs. Nadal, 69 Iowa, 478; Underbill's Cr. Ev., Sec. 404.

45 U. S. vs. Higgerson, 46 Fed., 750; Hughes Cr. Law, Sec. 1999.