PEOPLE v. HERNANDEZ 61 Cal.2d 529, 393 P.2d 673 (1964) CASE BRIEF

PEOPLE V. HERNANDEZ

61 Cal.2d 529, 393 P.2d 673 (1964)

NATURE OF THE CASE: Hernandez (D) appealed from a conviction of statutory rape contending that the court erred in refusing to permit evidence showing he believed the girl was of age to consent.

FACTS: D and the victim were not married and had been companions for several months. D and the victim had consensual sex when she was 17 years and 9 months of age. D reasonably believed that she was 18. D was tried for statutory rape. The trial court refused evidence about D's reasonable belief that she was 18. D was convicted and appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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