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PEOPLE v. BLACKBURN

Docket No. 27576.

56 Cal.App.3d 685 (1976)

128 Cal. Rptr. 864

THE PEOPLE, Plaintiff and Respondent, v. DAVID STANLEY BLACKBURN, Defendant and Appellant.

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

March 29, 1976.

Attorney(s) appearing for the Case

COUNSEL

Donald R. Wager and Mark Evans for Defendant and Appellant.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, S. Clark Moore, Assistant Attorney General, James H. Kline and Stephen M. Kaufman, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

THOMPSON, J.

This appeal from a judgment of conviction of one count of rape and two counts of kidnaping raises the constitutionality of the 1974 amendments to the Evidence Code limiting admissibility of evidence of sexual conduct of the victim of rape. It raises, also, the sufficiency of an offer of proof made by defendant at trial pursuant to Evidence Code section 782 to require a formal hearing on the admissibility of evidence...

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