
    Wrye v. The State.
    Bleckley, C. J. — 1. It being shown by evidence that the accused had a lawful wife who was still alive when he married another woman, the second marriage was void and did not render this woman incompetent to testify against him as a witness in a criminal case.
    2. The statement of the accused to the court and jury, if true, making a case of manslaughter, and he being indicted and on trial for
    
      murder, it was error, after charging correctly on the statement, to add: “If the statement is a statement in your judgment which demonstrates his innocence and you believe that statement to be the truth of the case as I have just stated to you, you have the privilege and it would be your duty in that case to acquit him upon it. On the other hand, if you do not believe that statement to be such a statement as demonstrates his innocence, or if you believe that statement to be untrue, then you may accept the sworn testimony in place of it.”
    October 8,1894.
    Indictment for murder. Before Judge Gamble. Tattnall superior court. April term, 1894.
    Garrard, Meldrim & Newman, Hines & Felder, Lee & Giles and A. H. Davis, for plaintiff in error.
    J. M. Terrell, attorney-general, and B. D. Evans, solicitor-general, by Harrison & Peeples, contra.
    
   Judgment reversed.  