Keaton

Joan Keaton appeals from a judgment declaring that her husband Morgan Keaton “could not be and is not, the father” of a child bom to her on March 20, 1968.

The parties were married March 24, 1967. A stipulation entered into at the trial recited: “They lived together from March 24, 1967, until the date of separation, July 9, 1967. From the period of June 1, 1967, until the period of June 10, approximately, 1967, Mr. Keaton was absent from, the family home on business, continuously. Mr. Keaton, if called to the st&nd, would testify that from the period of June 1, 1967, up to and including today, he has not had marital relations with Mrs. Keaton, or intercourse. And Mrs. Keaton, if called to the stand, would testify that from the period of June 10, 1967, until the time of separation on July 9, 1967, the parties did have intercourse.” Over Joan’s objection the trial court admitted in evidence a laboratory report on a “Paternity Exclusion Test.” This test of the blood of Morgan, Joan, and the child, indicated that Morgan could not be the natural father.

Joan contends that the trial court erred in admitting the blood tests in evidence. She relies on Evidence Code section 621,…