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TANKSLEY v. UNITED STATES

No. 10628.

145 F.2d 58 (1944)

TANKSLEY v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

September 21, 1944.

Attorney(s) appearing for the Case

Cecil H. Clegg and Julien A. Hurley, both of Fairbanks, Alaska (Herman Weinberger, of San Francisco, Cal., of counsel), for appellant.

Harry O. Arend, Asst. U. S. Atty., of Fairbanks, Alaska (Ralph J. Rivers, of Fairbanks, Alaska, of counsel), for appellee.

Before WILBUR, DENMAN, and HEALY, Circuit Judges.

DENMAN, Circuit Judge.

Appellant was indicted, tried by jury and convicted of the crime of rape committed near Fairbanks, Alaska, in violation of Section 4768 of the Criminal Code of Alaska, and sentenced to imprisonment for six years under Section 4769 of that code. He has appealed here from that sentence.

The complaining witness was a married woman nineteen years of age. Appellant's defense was that after preliminary embraces of an experienced character...

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