People v. Courtney

RICHARDS, J. pro tem. *

Defendant was convicted of violating Penal Code, section 261, subdivision 1 (statutory rape). His motion for new trial was denied. He has appealed from the judgment of conviction and from the order denying his motion for new trial.

Defendant accomplished an act of sexual intercourse with a female who, at the time thereof, was under the age of 18 years and who was not his wife. She was, however, a married woman at the time the act occurred.

The only question presented is whether subdivision 1 of Penal Code, section 261 (statutory rape) applies where the female is not the…