State v. Johnson

Summary

The Nebraska Supreme Court affirmed Charlie R. Johnson’s conviction for bigamy. The court held that a bigamy prosecution may be based on a voidable marriage and concluded that the State presented sufficient evidence that Johnson was married to Petersen when he married Forney. The court also determined that Johnson’s asserted belief that he was legally eligible to remarry was not supported by the evidence.

Holdings

1. A bigamy prosecution can be based on a voidable marriage. A voidable marriage is treated as valid and binding until a competent court declares it annulled.
2. Johnson's marriage to Petersen was at least voidable and was not shown to be void. The validity of the marriage was governed initially by Texas law because the ceremony occurred there, and Nebraska law also required recognition of an out-of-state marriage valid where contracted.
3. The State presented sufficient evidence for a rational trier of fact to find that Johnson was married to Petersen, that Petersen was living, and that Johnson later married Forney.
4. When a criminal statute does not assign the burden of an affirmative defense, the defendant bears the initial burden of producing enough evidence to raise the defense; once raised, the State must disprove it.

Questions Presented

1. Whether a marriage that is voidable, but has not been annulled, can support a prosecution for bigamy under Neb. Rev. Stat. § 28-701(1).
2. Whether the State presented sufficient evidence to prove beyond a reasonable doubt that Johnson was a married person with a living spouse when he married Forney.
3. How the burden of going forward and burden of persuasion operate for the affirmative defense that the accused reasonably believed he was legally eligible to remarry.

Disposition

affirmed