Docket No. 5541.

142 Cal.App.2d 114 (1956)

298 P.2d 80

THE PEOPLE, Respondent, v. ARVIE DEAN HENRY, Appellant.

Court of Appeals of California, Second District, Division Three.

June 7, 1956.

Attorney(s) appearing for the Case

Ellery E. Cuff, Public Defender, and Richard F. Bird, Deputy Public Defender, for Appellant.

Edmund G. Brown, Attorney General, and James L. Mamakos, Deputy Attorney General, for Respondent.

WOOD (Parker), J.

In an indictment defendant was charged with violating section 261, subdivision 1, of the Penal Code, in that, on April 24, 1953, he unlawfully had sexual intercourse with Vickie Henry, a female person 13 years of age and not the wife of defendant. In a jury trial, he was convicted. He was sentenced to state prison. He appeals from the judgment and the order denying his motion for a new trial.

Appellant contends that the court erred in receiving...

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