People v. Ratz

Citations

• 115 Cal. 132
• 46 P. 915
• 1896 Cal. LEXIS 983

Syllabus

<p>Criminal Law — Rape of Young Girl — Evidence—Proof of Age — Testimony of Girl.—Upon the trial of a person charged with tha crime of rape, committed by having carnal intercourse with a young girl under the age of fourteen, the testimony of the girl as to her age is admissible; and the fact that her knowledge of her age was derived from statements of her parents, or from family repute, does not render her evidence inadmissible.</p> <p>Id.—Entries in Family Bible — Authorship Immaterial — Testimony of Mother—Ignorance of Language.—Entries made in the family Bible are admissible to show the name of a child and the date of its birth, and the admissibility of the book does not depend upon proof of handwriting or authorship of the entries, but upon the fact that they are .to be taken as assented to by the family in whose custody the book has been; and it is admissible upon mere proof that it is the family Bible, and such proof may be given by the mother, notwithstanding the entries are in the English language, in which she can neither read nor write.</p> <p>Id:—Belief of Defendant as to Age of Girl — Refusal of Instruction.—One who has carnal intercourse with a young girl, who is in fact under the age of consent, does so at his peril, regardless of whether he believed, or had reason to believe, that she was over the age of fourteen years; and, upon the trial of such an one for the crime of rape, it is proper to refuse an instruction that, if the defendant had reason to believe, and did believe, that she was over the age of fourteen years, then there was an absence of the necessary intent to constitute a crime, and that he should be acquitted.</p>