1. C.J.S. Bigamy §§ 2–6, 8.]
“Trigamy, literally three marriages, is often used for a special situation. ‘Trigamy,’ in the sense of the special problem of the third wife, stems from the premise that invalidity of the alleged prior marriage is a good defense to a charge of bigamy. Thus in a bigamy prosecution a so-called common-law marriage can be relied upon to establish either the first or second marriage, if it is recognized in the jurisdiction as giving rise to the marital status, but cannot be relied upon where it is not so recognized. A logical result is that a charge of bigamy may be defeated by showing that the alleged prior marriage, relied upon to support the charge, was itself void because of an even earlier marriage existing at the time — as was held about 1648 in Lady Madison’s Case. For example, D marries A, and afterward while A is alive marries B, and still later when A is dead but B alive, marries C. The marriage to C is not bigamy because the marriage to B was bigamous and void.” Rollin M. Perkins & Ronald N. Boyce, Criminal Law 458 (3d ed. 1982).
