People v. Hernandez,

61 Cal.2d 529, 393 P.2d 673 (1964)

Facts

D and the victim were not married and had been companions for several months. D and the victim had consensual sex when she was 17 years and 9 months of age. D reasonably believed that she was 18. D was tried for statutory rape. The trial court refused evidence about D's reasonable belief that she was 18. D was convicted and appealed.