N.C.P.I.—Civil 815.04

The (state number) issue reads:

"Was the (name alleged bigamist) married to another living person

at the time of his marriage to (name alleged second spouse)?"

On this issue the burden of proof is on the plaintiff. 2 This means

that the plaintiff must prove, by the greater weight of the evidence, four

things:

First, that (name alleged bigamist) married3 (name first spouse).

Second, that (name alleged bigamist) thereafter married (name

alleged second spouse).

Third, that (name first spouse) was alive at the time of the

marriage between (name alleged bigamist) and (name alleged second

spouse).

Fourth, that at the time of the marriage between (name alleged

bigamist) and (name alleged second spouse), the marriage between

(name alleged bigamist) and (name first spouse) had not been ended by

death, divorce or a decree of annulment.

(It is no defense, under the law, that (name alleged bigamist)

believed that his first marriage had been ended by [death] [divorce]

[annulment] at the time of his second marriage if his first marriage was,

in fact, still valid.)4

Finally, as to this (state number) issue on which the plaintiff has

the burden of proof, if you find by the greater weight of the evidence that

(name alleged bigamist) was married to another living person at the time

of his marriage to (name alleged second spouse), then it would be your

duty to answer this issue "Yes" in favor of the plaintiff.

If, on the other hand, you fail to so find, it would be your duty to

answer this issue "No" in favor of the defendant.