People v. Caldwell

Defendant was charged with statutory rape (Pen. Code, § 261, subd. 1). Defendant pled not guilty; the cause was tried without a jury; defendant was found guilty as charged; a probation report was ordered • probation was denied and defendant was sentenced to state prison for the term prescribed by law.

Defendant met the prosecutrix Margaret Jean McCoy after Christmas in December of 1965, and they dated until some time in March 1966. Defendant was married to another woman and living with his wife during the entire period. The prosecutrix was married but separated from her husband the entire…