People v. Hernandez

By information defendant was charged with statutory rape. (Pen. Code, § 261, subd. 1.) Following his plea of not guilty he was convicted as charged by the court sitting without a jury and the offense determined to be a misdemeanor.

Section 261 of the Penal Code provides in part as follows: “Rape is an act of sexual intercourse, accomplished with a female not the wife of the perpetrator, under either of the following circumstances: 1. Where the female is under the age of eighteen years;...”

The sole contention raised on appeal is that the trial court erred in refusing to permit defendant to…