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PEOPLE v. BATTLES

Docket No. 11364.

240 Cal.App.2d 122 (1966)

49 Cal. Rptr. 367

THE PEOPLE, Plaintiff and Respondent, v. CHARLES BATTLES, Defendant and Appellant.

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

February 14, 1966.

Attorney(s) appearing for the Case

Herbert M. Shyer for Defendant and Appellant.

Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, and Nicholas C. Yost, Deputy Attorney General, for Plaintiff and Respondent.

SHINN, P.J.

Appellant, Charles Battles, was convicted in a trial without jury of the crime of rape, consisting of having sexual intercourse with a female under 18 years of age who was not his wife. He was granted probation and appealed from the order as a judgment.

[1] The act was admitted by appellant; his excuse was that he believed the young woman was of the age of consent (People v. Hernandez, 61 Cal.2d 529...

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