People v. Thompson

Opinion

STANIFORTH, J.

After trial by the court, defendant Thomas Thompson was found guilty of willful failure to support his minor son (Pen. Code, § 270). He appeals contending trial court error , in upholding the constitutionality of and applying the conclusive presumption of paternity found in Evidence Code section 621 1 in this, a criminal prosecution. Thompson asserts the conclusive presumption deprives him of the presumption of innocence.

At trial Thompson and the People stipulated to the foundational facts of Evidence Code section 621: Thomas and Winona Thompson were married on April 15,…