People v. Palmer
Opinion
Lead Opinion
Lillie, J.
Defendant appeals from a bigamy conviction; his attempted appeal from “all other orders” and order denying probation is dismissed. (People v. Walters, 148 Cal.App.2d 426 [ 306 P.2d 606 ].)
Defendant married Martha in 1960 and left her in November 1961; the marriage was never annulled or dissolved by divorce. Prior to the separation, Martha told defendant she wanted a divorce but was financially unable to obtain one and intended to get one when she could. After their separation defendant, who drank considerably, “continually bothered her” and to get him to leave her alone and stop seeing and bothering her, and because she “had so much grief and worry from the marriage,” Martha told defendant that—she “was going to get a divorce or had gotten a divorce, maybe”; was “getting a divorce”; was “probably getting a divorce” but “wasn’t financially able”; had gotten a divorce and didn’t want to see him any more; and had gotten a divorce and to leave her alone. She testified "[H] e had asked me at one time to get the divorce and I asked him to get the divorce and I told him that I wasn’t financially able at that time. I wanted one because I didn’t want him bothering me any more.” She was…