Section 1833

Citation: Section 1833
Parent Document: Berry v. Chaplin, 74 Cal. App. 2d 652 (1946)
Jurisdiction: California (state)
Effective Date: 1946-05-27
Original Source: https://www.courtlistener.com/opinion/2616982/berry-v-chaplin/ ↗

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There was evidence that Miss Berry was in Tulsa, Oklahoma, in November, 1942, and in January and April, 1943. While there she was in the company of a man other than defendant whom she had met in May, 1942. Both she and the man in question testified that on two occasions he called at her hotel, took her to dinner and to a theater, and accompanied her back to the hotel. There is no evidence or intimation of improper relations on those occasions. She borrowed money from the man in Tulsa but he testified that the money was loaned through the medium of his attorney and that the attorney obtained a chattel mortgage on Miss Berry’s personal property covering the amount of the loan. There was also evidence that on several occasions in Los Angelés she was in the company of another man and twice was in his apartment. The briefs do not point us to anything in the record to indicate whether or not any other persons were present in the apartment while she was there. But even though complete or satisfactory proof had been made of sexual acts by Miss Berry with any other man on other occasions, it would still have been the exclusive function of the jury to determine whether defendant is the father of her child by virtue of his act in December, 1942.

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