UNITED STATES v. GRANT

No. 16855.

286 F.2d 157 (1961)

UNITED STATES of America, Appellant, v. Dorothy Dore GRANT, now known as Dorothy Dore King, etc., Appellee.

United States Court of Appeals Ninth Circuit.

January 19, 1961.


Attorney(s) appearing for the Case

Laurence E. Dayton, U. S. Atty., Robert N. Ensign, Asst. U. S. Atty., San Francisco, Cal., for appellant.

Robert P. McNamee, William J. Keough, San Jose, Cal., for appellee.

Before CHAMBERS, HAMLEY and MERRILL, Circuit Judges.


PER CURIAM.

The judgment of the district court is reversed. It appears to us that the admission of an affidavit by one Isabelo Beltran asserting that he performed a marriage ceremony for the appellee Grant and Lieutenant John W. Grant during the chaotic times of World War II in the Philippines was error. We could uphold the judgment but for the court's expressed partial reliance on the affidavit.

There should be a new trial unless the parties and the court...

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