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PEOPLE v. BAKER

Docket No. Crim. 12008.

69 Cal.2d 44 (1968)

442 P.2d 675

69 Cal. Rptr. 595

THE PEOPLE, Plaintiff and Respondent, v. THOMAS C. BAKER, Defendant and Appellant.

Supreme Court of California. In Bank.

July 15, 1968.

Attorney(s) appearing for the Case

Richard S. Buckley, Public Defender, Charles A. Maple, Clive Martin and James J. McCormick, Deputy Public Defenders, for Defendant and Appellant.

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

PETERS, J.

On October 26, 1966, after a trial without a jury, defendant was convicted of violating Penal Code section 285, incest. The court dismissed a second count charging a violation of Penal Code section 261, subdivision 3, forcible rape.

It was stipulated that the prosecutrix, defendant's niece, is related to him only by the half blood; that is, her mother is defendant's half sister.

Defendant's principal...

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