Livingston

Appellant was accused by an indictment filed by the grand jury of the crime of rape committed upon Jessie Peters, a girl of the age of twelve years. The trial jury returned a verdict of guilty with the recommendation that the accused be punished by imprisonment in the state prison. Appellant made a motion for a new trial which was denied. The date of the offense as charged in the indictment was on or about August 27, 1926. The indictment was returned on October 13,1927, and the trial conducted on October 31, 1927. Appellant and Jessie Peters were married at Goldfield, Nevada, on February 27, 1927, her father and mother being witnesses to the ceremony and her father giving his consent to the marriage. The district attorney offered in evidence a judgment of the superior court of Kern County in an action entitled “Elva Peters v. William Livingston and Jessie Livingston, formerly Jessie Peters,” dated October 3, 1927, and entered October 5, 1927, in which it was adjudged that the said marriage “be set aside and annulled.” To the offer of this evidence defendant objected on the ground that the judgment was void because Jessie Peters, a necessary party and a minor, was not served with…