A local judge has ruled that police arrested an accused bigamist after the statute of limitations for the crime had already run out.
But Hamilton County Criminal Court Judge Don Poole still declined to dismiss the case against Harold J. Garth, ruling the lies Mr. Garth told about being divorced constituted concealment of his crime and therefore extended the time authorities had to prosecute him.
The ruling was a split victory for defense attorney Alan Dunn, who challenged the legality of Mr. Garth’s prosecution in the rare bigamy case on both the statute of limitation and concealment issues.
And since the state’s high courts never have contemplated such matters, a possible appeal to the Court of Criminal Appeals could result in case precedent being set in Tennessee for the first time with regard to bigamy.
“We respect Judge Poole’s decision,” Mr. Dunn said Wednesday. “We’re not sure if we’ll appeal now or settle the case.”