People v. Vogel
California Supreme Court
46 Cal. 2d 798 (1956)
- Written by Kelli Lanski, JD
Facts
Robert Vogel married Peggy Lambert in a civil ceremony in 1944 in Louisiana and in a religious ceremony in 1947 after he was discharged from the Coast Guard. They had two children and an unhappy marriage. Vogel was called to active duty for the Korean War from 1950 until 1951. After his discharge, he did not move back in with Lambert. Lambert and the children had moved to Missouri. In 1952, Vogel married Stelma Roberts. Vogel was later charged with bigamy and went to trial. At trial, Lambert testified that she and Vogel had never divorced but admitted she obtained a driver’s license in her maiden name in 1951 and that she had been living with another man in Missouri and referring to herself as that man’s wife. Vogel sought to testify that Lambert had told him in 1950 before he returned to active duty that Lambert intended to divorce him while he was away but not to disclose the jurisdiction so he could not seek custody of their children. The court rejected Vogel’s testimony as immaterial. Vogel was convicted of bigamy, and he appealed.
Rule of Law
Issue
Holding and Reasoning (Traynor, J.)
Dissent (Shenk, J.)
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