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PEOPLE v. NAILS

Docket No. 3391.

214 Cal.App.2d 689 (1963)

29 Cal. Rptr. 671

THE PEOPLE, Plaintiff and Respondent, v. BILLY LEE NAILS, Defendant and Appellant.

Court of Appeals of California, Third District.

April 1, 1963.

Attorney(s) appearing for the Case

Fay Swan and Gordon Leslie Cooper for Defendant and Appellant.

Stanley Mosk, Attorney General, Doris II. Maier, Assistant Attorney General, and Raymond Momboisse, Deputy Attorney General, for Plaintiff and Respondent.

FRIEDMAN, J.

Defendant appeals from a conviction of statutory rape alleged to have been committed on March 15, 1962. [1] He has also noticed an appeal from an order denying his motion for a new trial. The latter order is not appealable (Pen. Code, § 1237) and that portion of the appeal is dismissed.

The prosecutrix, who was 17 years old at the time, testified that she was in love with the defendant, who had promised to divorce his wife and...

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