STATE v. LINEBARGER

No. 7613.

232 P.2d 669 (1951)

STATE v. LINEBARGER.

Supreme Court of Idaho.

Rehearing Denied June 25, 1951.


Attorney(s) appearing for the Case

Cleve Groome, Frank E. Meek, Caldwell, for appellant.

Robert E. Smylie, Atty. Gen., John R. Smead, Asst. Atty. Gen., W. W. Wander, Pros. Atty., Caldwell, for respondent.


TAYLOR, Justice.

The defendant was convicted of the crime of rape charged to have been committed against the person of a female who at the time was past the age of eighteen years. The information charges that the act was accomplished "forcibly and by threats of great and immediate bodily harm accompanied by the apparent power of execution and against the consent of" the prosecutrix, and that she "did then and there resist the accomplishment of said act of sexual intercourse...

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