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PEOPLE v. MACKEY

Docket No. 6949.

46 Cal.App.3d 755 (1975)

120 Cal. Rptr. 157

THE PEOPLE, Plaintiff and Respondent, v. DAVID EARL MACKEY, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division One.

March 31, 1975.

Attorney(s) appearing for the Case

COUNSEL

Ronald G. Barron, under appointment by the Court of Appeal, for Defendant and Appellant.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Daniel J. Kremer, Assistant Attorney General, Harley D. Mayfield and Jay M. Bloom, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

WHELAN, J.*

Defendant David Earl Mackey appeals from an order committing him to the Youth Authority after a jury found him guilty of a violation of Penal Code section 261.5.

Penal Code section 261.5 reads as follows: "Unlawful sexual intercourse is an act of sexual intercourse accomplished with a female not the wife of the perpetrator, where...

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