People v. Statley

91 Cal App 2d Supp. 943, 206 P.2d 76 (1949)

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Nature of the Case

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Facts

Statley (D) stopped her car at a crosswalk. D was told to proceed by her husband and did so. This made a pedestrian to jump back out of the crosswalk. D was cited for failing to yield the right of way to a pedestrian in a crosswalk. Section 26 of the California Penal Code states that married women are not capable of committing misdemeanors when acting under the threats, commands, or coercion of their husbands. At trial, D asked that the jury be instructed that the presumption from Section 26 be applied. The trial court refused the instruction on coverture despite the fact that the statute was still on the 'books.'