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PEOPLE v. HERNANDEZ

Docket No. Crim. 7386.

61 Cal.2d 529 (1964)

393 P.2d 673

39 Cal. Rptr. 361

THE PEOPLE, Plaintiff and Respondent, v. FRANCISCO ANGEL HERNANDEZ, Defendant and Appellant.

Supreme Court of California. In Bank.

July 9, 1964.

Attorney(s) appearing for the Case

Ellery E. Cuff, Public Defender, Fred Kilbride and James L. McCormick, Deputy Public Defenders, for Defendant and Appellant.

Stanley Mosk, Attorney General, William E. James, Assistant Attorney General, and Jack K. Weber, Deputy Attorney General, for Plaintiff and Respondent.

PEEK, J.

By information defendant was charged with statutory rape. (Pen. Code, § 261, subd. 1.) Following his plea of not guilty he was convicted as charged by the court sitting without a jury and the offense determined to be a misdemeanor.

Section 261 of the Penal Code provides in part as follows: "Rape is an act of sexual intercourse, accomplished with a female not the wife of the perpetrator, under either of the following circumstances: 1. Where the...

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