People v. Kelly

McCOMB, J., Dissenting.

I dissent.

In the present case evidence that defendant in good faith believed at the time of his second marriage that prior thereto he had been divorced from the complaining witness was excluded. This in my view of the law was prejudicial error.

In my opinion the earlier rule announced in People v. Hartman, (1900) 130 Cal. 487 [62 Pac. 823], has been overruled In the Matter of Application of Ahart, (1916) 172 Cal. 762, 764 [159 Pac. 160], The case of People v. Hartman announced the rule that a second marriage under an erroneous assumption that the first marriage had been…