STATE v. HERRERA

No. 8804.

8 Utah 2d 188 (1958)

330 P.2d 1086

STATE OF UTAH, PLAINTIFF AND RESPONDENT, v. CARLOS HERRERA AND KENNETH NAVAREZ, DEFENDANTS AND APPELLANTS.

Supreme Court of Utah.

November 5, 1958.


Attorney(s) appearing for the Case

L.G. Bingham, Ogden, for appellants.

E.R. Callister, Jr., Atty. Gen., Gary L. Theurer, Asst. Atty. Gen., for the State.


HENRIOD, Justice.

Appeal from rape convictions. Reversed.

Prosecutrix, a 15 year old married Mexican mother voluntarily went for a ride in a car occupied by five young male Mexicans. She kissed at least one of them and joined them in drinking beer. She and the two defendants were left at a spot removed from town where defendants had intercourse with her, she insisting it was by force and against her will and they insisting that it was voluntary and with her...

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