People v. O'Neal

YORK, P. J. In an information filed by the district attorney of Los Angeles County, defendant was charged with four counts of bigamy, a felony, and with prior convictions of felonies. Defendant admitted the three prior convictions, and on motion of the district attorney count 2 of the information was dismissed. The court sitting without a jury found defendant guilty of bigamy, as charged in counts 1, 3 and 4 of the information, and sentenced him to state’s prison for the term prescribed by law. From the ensuing judgments of conviction and from an order denying his motion for a new trial, defendant prosecutes this appeal.

An examination of the record herein discloses that in the absence of Stella 0. Frank her testimony at the preliminary examination was introduced by stipulation at the instant trial. She testified that she met appellant in 1941 and went through a marriage ceremony with him on February 7, 1942, at Las Vegas. She produced a marriage certificate issued by the county of Clark, State of Nevada, which bore the names of Stella 0. Frank, the witness, and Jerald U. O’Neill, the name by which she knew appellant. The ceremony was performed by Albért C. Melton, a minister, and Nancy Jane Webb and her father, J. Edward Webb, were present as witnesses. The witness Frank stated that she commenced proceedings for divorce or annulment from appellant: “I had the papers served on him on the 23d day of February, 1944, but they never come to the Judge.” After the marriage ceremony, the witness testified that she and appellant lived in California and cohabited for a period of two years in Los Angeles County, separating on February 1, 1944.

Margaret Williams testified that she married appellant on June 21, 1945, at Las Vegas, Nevada; that a marriage license was issued to her and appellant and that a marriage ceremony was performed by F. C. Lovett, who stated that he was a minis[228]ter; that thereafter she and appellant cohabited in Los Angeles County until the latter part of December, 1945. Later in the trial, appellant introduced by reference a Los Angeles County Superior Court ease file, containing a final decree of divorce dated February 18, 1947, in which said Margaret Williams was the plaintiff and appellant was the defendant.

Julia Twitchell testified that she married appellant on March 23,1947, at Las Vegas, Nevada; that a marriage license was issued to them, and a marriage ceremony was performed by F. C. Lovett, who she supposed was a minister; that thereafter she and appellant lived together as husband and wife in the county of Los Angeles for a period of about nine days. Appellant later in the trial introduced by reference a Los Angeles County Superior Court file containing a judgment of annulment entered May 27, 1947 in which he was named defendant and Julia Twitchell was named plaintiff.