People v. Feilen

Citations

• 58 Cal. 218

Syllabus

<p>Bigamy—Presumption—Evidence—Criminal Law.—In a trial for bigamy, the Court instructed the jury in substance, that in the determination of the issue as to the continued life of the first wife, they might call to their aid the presumption of law in reference to continuance of a fact once shown to exist. Held, to be erroneous.</p> <p>Id.—New Trial—Insufficiency of Evidence.—In a trial for bigamy, the only evidence to show the life of the first wife, was testimony showing ' that she was alive about three years prior to the second marriage. Held, to be insufficient to sustain a verdict of guilty.</p> <p>Information—Demurrer—Criminal Practice.—The objection that an information does not comply with sections 950, 951, and 952 of the Penal Code, should be raised by special demurrer; it can not be done by general demurrer, or by motion in arrest of judgment.</p>