Meredith

Respondent Meredith was accused of rape by a girl who was 14 years old. At the preliminary hearing she testified she had babysat for the Merediths several times between December 1966 and 16 February 1967. On the latter date she went to the Meredith home at Meredith’s request, to babysit. Respondent and his two children were there. As soon as she got into the living room, Meredith grabbed her and pulled her into a bedroom. He told the children to stay in the living room. The witness resisted, but Meredith raped her. She fled home and cried on and off all night. There was fluid in her underpants, together with a little blood. She babysat for the Merediths several times in March 1967, and she told no one of the incident until four months later. By then she was perceptibly gaining weight, and it was discovered she was pregnant.

An information was issued charging Meredith with statutory rape. (Pen. Code, §261, subd. 1.) Meredith’s motion to dismiss the information under section 995 was granted, and the People have appealed. (Pen. Code, § 1238, subd. 1.)

The trial court was apparently persuaded, though it is not clear on this point, that the delay between the commission of the offense…