PEOPLE v. AVELAR

Docket No. 7539.

193 Cal.App.2d 631 (1961)

14 Cal. Rptr. 520

THE PEOPLE, Respondent, v. JESSE LOPEZ AVELAR, Appellant.

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

July 10, 1961.


Attorney(s) appearing for the Case

John F. Sheffield and Richard F. Bird for Appellant.

Stanley Mosk, Attorney General, and Herbert Davis, Deputy Attorney General, for Respondent.


FOX, P.J.

Defendant was convicted by the court, sitting without a jury, of violating Penal Code section 261, subdivision 1, statutory rape.

The prosecuting witness testified that she was 17 years of age; as to the date of her birth; that she was not married to the defendant, and that she had had two acts of sexual intercourse with the defendant prior to her 17th birthday. She further testified that these acts were two or three weeks apart, and occurred in...

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