STATE v. MONTOYA

No. 6133.

306 P.2d 1095 (1957)

62 N.M. 173

STATE of New Mexico, Plaintiff-Appellee, v. George MONTOYA, Defendant-Appellant.

Supreme Court of New Mexico.

January 31, 1957.


Attorney(s) appearing for the Case

Dean S. Zinn, Frank B. Zinn, Santa Fe, for appellant.

Richard H. Robinson, Atty. Gen., Howard M. Rosenthal, Santiago E. Campos, Asst. Attys. Gen., for appellee.


McGHEE, Justice.

The defendant has appealed a conviction of statutory rape upon a thirteen year old girl claimed to have been committed at the side of a house in a rather congested area in Santa Fe.

The claim is made the conviction should be set aside as being based on what defendant says is an inherently improbable story of the prosecutrix, since, as he says, there is no corroboration in the facts and circumstances in the case. Timely motions for a directed...

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