People v. Harlow

EDMONDS, J.,

pro tem.

The principal question presented by appellant on his appeal from a judgment of conviction of bigamy is the validity of his so-called Mexican “mail order” divorce from a former wife. He also appeals from an order denying a new trial.

Ollie Y. Harlow, the complaining witness, married appellant in Indiana in 1913. They came to California shortly afterwards and Mrs. Harlow bought a home in San Diego the following year. For all of the time thereafter until 1933, they lived in San Diego for three or four months of each year, residing the rest of the time in Oklahoma.

[645]

In the year 1933, Ollie V. Harlow and appellant lived in San Diego during the months of July, August and September. They then returned to Oklahoma, but appellant left his wife within two or three days after their arrival in Tulsa. According to her testimony, appellant left her to go to Los Angeles and open an oil office. She was to join him in Los Angeles later. She heard from him by letter until December of that year, at which time she came to Los Angeles of her own volition. She did not hear from her husband further and did not see him until the following July, which was after the marriage for which appellant was convicted.

In the meantime appellant lived in Los Angeles where, early in 1934, he consulted a lawyer licensed to practice in the state of Chihuahua, Mexico, but not licensed to practice in California. The record shows that appellant stated to this lawyer his desire to get a divorce. The lawyer prepared a poAver of attorney which authorized one Cuen, an attorney in Mexico, to submit appellant’s divorce action to the courts of Mexico. Thereupon Cuen filed an action in Mexico in the name of appellant for a divorce from Ollie V. HarloAV. The complaint recited, among other things, that “considering the plaintiff that the matrimonial life could not be carried on by any motive or in any way, he sees himself in the necessity of requesting through me the dissolution of. the civil contract before expressed, submitting himself expressly to the jurisdiction of that court under your charge”.

After certain proceedings, the court of first instance of civil law of Bravos district, state of Chihuahua, Mexico, on June 15, 1934, rendered a decree of divorce purporting to dissolve the marriage existing between appellant and Ollie V. Harlow. On July 5, 1934, appellant entered into a duly solemnized marriage contract in California with Alma Z. Lacey, for Avhich he has been convicted of bigamy.