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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