Beevers

Appellant Beevers was convicted of bigamy, and now prosecutes an appeal to this court from the judgment and order denying his motion for a new trial. It is insisted that the evidence is insufficient to justify the verdict.

Beevers, being of the age of twenty years, and Lou Jacobs, being of the age of fourteen years, desirous of marrying, eloped from Hollister, San Benito County, and went to the town of Monterey for the purpose of being married upon the high seas, this course being adopted with a view of escaping the difficulties to marriage presented by the girl’s tender years. Upon their arrival at Monterey the sea was boisterous, no boat could be procured and the plan was abandoned. It was thereupon orally agreed between them that they should live together as husband and wife, and that upon their return to the home of their parents,- both should state the fact to be that they were married upon the sea. Thereafter they returned to Hollister, and to all their friends declared the fact in accordance with *287 their previous agreement, and further stated that the certificate of marriage had been lost. These statements were repeated upon all occasions for many mouths, and it was…