California, United States of America
The following excerpt is from People v. Hernandez, 39 Cal.Rptr. 361, 393 P.2d 673, 61 Cal.2d 529, 8 A.L.R.3d 1092 (Cal. 1964):
1 The inequitable consequences to which we may be led are graphically illustrated by the following excerpt from State v. Snow (Mo.1923) 252 S.W. 629 at page 632: 'We have in this case a condition and not a theory. This wretched girl was young in years but old in sin and shame. A number of callow youths, of otherwise blameless lives * * * fell under her seductive influence. They flocked about her, * * * like moths about the flame of a lighted candle and probably with the same result. The girl was a common prostitute * * *. The boys were immature and doubtless more sinned against than sinning. They did not defile the girl. She was a mere 'cistern for foul toads to knot and gender in.' Why should the boys, misled by her, be sacrificed? What sound public policy can be subserved by branding them as felons? Might it not be wise to ingraft an exception in the statute?'
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