STATE v. FRESE

No. 51166.

127 N.W.2d 83 (1964)

STATE of Iowa, Appellee, v. Donald H. FRESE, Appellant.

Supreme Court of Iowa.

March 10, 1964.


Attorney(s) appearing for the Case

Donald W. Sylvester, Sioux City, for appellant.

Evan Hultman, Atty. Gen., John H. Allen, Asst. Atty. Gen., and Edward F. Samore, County Atty., for appellee.


THORNTON, Justice.

Defendant was informed against for rape and convicted of the included offense of assault with intent to commit rape. It was the state's theory of the case that the attack on the prosecutrix was a transaction involving five men who aided and abetted one another in committing the crime. The prosecutrix testified she met one of the men in a tavern near her apartment in Sioux City at about 1:00 a. m. She was invited to eat. She entered a car driven...

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