People v. Hartman

Jury—Challenge to Panel—Bias of Sheriff—Appeal.—Upon a challenge to the panel of trial jurors, on the ground that the sheriff who summoned them was biased, the condition of mind of that officer is a question of fact for the trial court, and the denial of the challenge will not be reviewed on appeal when the evidence as to his mental condition is conflicting.

Criminal Law—Bigamy—General Repute of Marriage. —Under section 1106 of the Penal Code, in a prosecution for bigamy, general repute of marriage is admissible in evidence as a circumstance tending to show the fact of marriage.

In.—Belief of Invalidity of First Marriage—Instructions.—In such a prosecution, in which the second marriage is admitted, and the defendant fully knew what he was doing, when' he entered into it, the fact that at that time he honestly believed that he had not been married to the woman who was then his wife does not authorize his acquittal, and a requested instruction to that effect is properly refused. Under such circumstances, it was the act of marrying the second time that constituted the crime.

Id.—Sufficiency of Evidence of Bigamy.—In a prosecution for bigamy, evidence tending to show cohabitation between the defendant and woman for a great many years, undivided general repute of their marriage, admissions by the defendant of marriage, and some direct evidence tending to show the performance of an actual marriage ceremony, is sufficient to support a finding of fact that the marriage relation did exist between them.

In.—Abstract Instruction—Prior Cohabitation.—While, as an abstract proposition of law, evidence of the cohabitation of the defendant with another woman, prior to his alleged second marriage is not sufficient, in a prosecution for bigamy, to warrant the jury in finding that the defendant was ever married to such woman, the refusal of the court to so instruct is not error, when there is much other evidence tending to show the marriage.