People v. Palmer

LILLIE, J. Defendant appeals from a bigamy conviction; his attempted appeal from “all other orders” and order denying probation is dismissed. (People v. Walters, 148 Cal.App.2d 426 [306 P.2d 606].)

Defendant married Martha in 1960 and left her in November 1961; the marriage was never annulled or dissolved by divorce. Prior to the separation, Martha told defendant she wanted a divorce but was financially unable to obtain one and intended to get one when she could. After their separation defendant, who drank considerably, “continually bothered her” and to get him to leave her alone and stop seeing and bothering her, and because she “had so much grief and worry from the marriage,” Martha told defendant that—she “was going to get a divorce or had gotten a divorce, maybe”; was “getting a divorce”; was “probably getting a divorce” but “wasn’t financially able”; had gotten a divorce and didn’t want to see him any more; and had gotten a divorce and to leave her alone. She testified "[H] e had asked me at one time to get the divorce and I asked him to get the divorce and I told him that I wasn’t financially able at that time. I wanted one because I didn’t want him bothering me any more.” She was emphatic that at no time did she ever mention to defendant an annulment or tell him she had obtained one; she mentioned a divorce, “but never an annulment.” Neither Martha nor defendant ever filed a complaint for divorce or annulment; no separation agreement or other “papers” were ever prepared or filed; and Martha at no time ever wrote defendant that she had gotten an annulment.

Three months after leaving Martha, and on February 5, 1962, defendant married Erma. Erma testified that she knew he had been married before; that he spoke of his former wife and said “they were divorced in November,” that “it was final in November”; that “ [H]e said it was final. Just said it—he didn’t say annulment or divorce; it was final in November”; and that later on he told her “that he had an annulment.”

[827]Appellant claims he “had the legal right to rely upon the representations of ... Martha ... that she had obtained a divorce, and, thus ... did not have the requisite, specific intent to be found guilty of violation of Penal Code section 281 when he went through the marriage ceremony with Irma [sic] ....” (A.O.B., p. 5.)

It is the rule that one “is not guilty of bigamy, if he had a bona fide and reasonable belief that facts existed that left him free to remarry.” (People v. Vogel, 46 Cal.2d 798, 801 [299 P.2d 850].) However, the question here is not whether he had a legal right to rely on Martha’s representations that she had obtained a divorce, but whether defendant, in fact, did rely on her representations and whether, at the time he married Erma, he had a bona fide and reasonable belief that he was free to marry her. Thus, it becomes solely a question of fact—one which the trial court resolved against defendant; the real issue is whether there is substantial evidence to support the determination of the trial court. (People v. Daugherty, 40 Cal.2d 876, 885 [256 P.2d 911].) After conviction all intendments are in favor of the judgment and the trial court’s determination will not be set aside upon the ground of insufficiency of the evidence unless the record clearly shows that upon no hypothesis is there substantial evidence to support it. (People v. Lindley, 26 Cal.2d 780 [161 P.2d 227]; People v. Crooker, 47 Cal.2d 348 [303 P.2d 753].) However, a review of the record reveals that even defendant’s own testimony fails to support his defense; further, that the trial judge disbelieved both defendant and his sister. Inasmuch as the trier of fact has the exclusive power to resolve factual conflicts, determine credibility of witnesses and weigh the evidence (People v. Newland, 15 Cal.2d 678 [104 P.2d 778]) and there is substantial evidence to support its finding, we will not substitute our determination for that of the trial court.