People v. Kelly

DOOLING, J.

This is an appeal from a judgment of the juvenile court ordering appellant, as father of Richard Lee Kelly, who had previously been adjudged a ward of said juvenile court, to pay the sum of $42.50 per month for the support and maintenance of said child. The sole ground urged upon appeal is the insufficiency of the evidence to establish the relationship of father and child between appellant and the ward of the court.

On the hearing an uncertified document signed only with a rubber stamp “Wilton L. Halverson, M.D., Registrar of Vital Statistics” was introduced in evidence, not only without objection from counsel for appellant, but actually at his insistence. This document is addressed to “State Department of Public Health, Division of Vital Statistics” and is a request to verify certain records including the following:

“Marriage Place Date

William Kelly and

Theresa Wenstrom S.F. 11-23-35.”

No correction was made in these particular words and figures, and above Dr. Halverson’s name so stamped on the document are the words:

“The above has been found correct with exceptions as noted. ’ ’

While not the best evidence this document admitted as it was, not only without objection but actually at appellant’s request, is sufficient to establish that the records of the depart

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ment show that William Kelly and Theresa Wenstrom were married on November 23, 1935. Incompetent evidence introduced by consent or without objection is sufficient to support a finding.

(Nelson

v.

Fernando Nelson & Sons,

5 Cal. 2d 511, 518 [55 P.2d 859];

Blume

v.

MacGregor,

64 Cal.App. 2d 244, 252 [148 P.2d 656] ;