Vasquez

Defendant Alfred Vasquez was accused in counts 1, 2 and 3 of an information with the crime of rape allegedly committed, on December 19, 1959, with force and violence upon Linda, a 15-year-old girl. Also in those counts boys by the names of Montoya, Ramos, and Marquez were accused of the same offense. In counts 4, 5, and 6 of that information the defendant Vasquez was accused of rape allegedly committed, on December 19, 1959, with force and violence upon Sharon, a 14-year-old girl. Also in counts 4, 5, and 6 the other boys above referred to and another boy by the name of Herrera were accused of the same offense. In counts 7 and 8 of that information defendant Vasquez and the other boys, except Herrera, were accused of violating section 288a of the Penal Code.

In a jury trial of the charges against Vasquez and Herrera, Vasquez was found guilty on four counts of statutory rape, a lesser offense included within the crime of forcible rape charged in counts 1, 4, 5, and 6. Vasquez was found not guilty as charged in counts 2, 3, 7, and 8. Herrera was found not guilty of the three counts charged against him. (Each of the other defendants pleaded guilty to two counts of statutory…