Ratz

People v. Ratz

Bad Law
115 Cal. 132·1896 Cal. LEXIS 983·46 P. 915
Supreme Court of CaliforniaNovember 30, 1896Crim. No. 186California836 words

Opinion

Lead Opinion

Heeshaw, J.

The defendant was convicted of the crime of rape, in having had carnal intercourse with a female child under the age of fourteen years, and not his wife. The intercourse was admitted. The age of the child was a question in dispute. It was conceded that the intercourse was not had through force or violence, so that if, at the time thereof, the child was over the age of fourteen years, the crime of rape was not committed.

The child herself testified to her age, as well as to the date of the intercourse. Her evidence went to show that, at the time when Ratz carnally knew her, she was under the age of fourteen. The evidence of the child was admissible. A person’s age may be proved by his own testimony, and the fact that knowledge of that age is derived from statements of the parents, or from family reputation, does not render it inadmissible. (Hill v. Eldridge, 126 Mass. 234 ; Cherry v. State, 68 Ala. 29 ; Bain v. State, 61 Ala. 75 ; Roscoe’s Criminal Evi *134 dence, *272.) The testimony of the mother of the child also went to prove the fact that, at the date in question, she was under the age of fourteen.

The mother, when on the witness stand, was shown a book, and testified that…

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