Beach

Marian Lynn Beach and her father Marion C. Neal were convicted by a jury of stealing her child from her husband’s custody. (Pen. Code, §§ 278.5, subd. (a), 278.) Neal was additionally convicted of second degree burglary (Pen. Code, § 459) and battery (Pen. Code, § 242).

On appeal, both Beach and Neal attack their child-stealing convictions on the basis the California court lacked jurisdiction to award custody to Beach’s husband, Ronald Beach, and on the basis the court erroneously instructed the jury on their defense of necessity. Neal additionally contends the court erred in permitting the prosecution to amend the information and in instructing the jury on the crime of battery.

Facts

Marian married Ronald in February 1976 in Hobbs, New Mexico. They lived in Hobbs for about six months and then moved to Millington, Tennessee, when the Navy transferred Ronald there for schooling. In October 1977, their daughter Crystal was bom in Tennessee. About a month later, the Navy transferred Ronald to San Diego.

In December 1979, Ronald and his mother Mitzi Beach drove to New Mexico. He wanted to visit his daughter and was considering taking her back to San Diego to live with him…