People v. Dufault

SCOTT, J.,

pro

tem.

Defendant was convicted of the crime of bigamy. On appeal from the judgment he urges that the evidence is insufficient to support the verdict, that venue was not proved, that the court erred during the trial and that the verdict is insufficient to support the judgment.

A witness, Reverend W. S. Brown, testified that he was a regularly ordained minister of the Baptist church and had performed the ceremony between defendant and the complaining witness. Appellant contends that the ordination must be proved by extrinsic evidence and that the testimony of that witness was a mere conclusion. No authority has been cited to support this contention, and it is apparent that the testimony of a preacher to the fact of his ordination is no more a conclusion than the testimony of a husband to the fact of his marriage. No one is better able to testify to what he had seen and heard, and no one is more familiar with the customs and practices of the church, than the successful candidate for ordination who has been present through the ceremony and whose very familiarity with church ritual is a prerequisite to his ordination.

Contrary to appellant’s further contention, evidence of cohabitation is sufficient when the testimony shows, as in this case, that he “cohabited with” the complaining witness “as husband and wife” for a period of two weeks in Los Angeles County, after their bigamous marriage in Yuma, Arizona, that he occupied the same room with her and stayed overnight on alternate nights, claiming employment on other nights, and that she put up his lunches, took care of his clothes and was introduced by her mother to friends as his wife.

[108]

Appellant’s suggestion that venue was not proved is negatived by clear testimony that he and the complaining witness cohabited in the county of Los Angeles for a period of two weeks.

The information as originally drawn and filed charged that the marriage ceremony with complaining witness was performed in Los Angeles. Evidence showed that it took place in Yuma, Arizona. At the conclusion of the testimony the court permitted an amendment to show the true place of marriage. Such an amendment was proper under Penal Code, section 1008.