California Supreme Court· 7/9/1964

People v. Hernandez

Citations

61 Cal. 2d 529
393 P.2d 673
8 A.L.R. 3d 1092
39 Cal. Rptr. 361
1964 Cal. LEXIS 228

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

ruling that reasonable mistake that victim is eighteen or more years old is defense to charge of statutory rape, on ground that intent requirement for serious crimes must be presumed in absence of legislative statement to contrary
recognizing universal rule that conduct cannot be criminal unless the accused was conscious of some wrongdoing
recognizing universal rule that conduct cannot be criminal unless the accused was conscious of some wrongdoing
holding it reversible error to preclude defendant in statutory rape case from introducing evidence “that he had in good faith a reasonable belief that the [victim] was 18 years or more of age”
overruling People v. Ratz, 115 Cal. 132, 46 P. 915 (1896) and decisions following it
referring to, as lacking criminal intent, the defendant who “has subjectively eliminated the risk [of sex with an underage person] by satisfying himself on reasonable evidence that the crime cannot be committed”

Source: CourtListener parenthetical corpus (CC0).

Judges: Peek

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147 cases in this archive cite this case; the 20 most cited are listed.

Cites

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