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STATE v. LEACH

No. 5799.

276 P.2d 514 (1954)

58 N.M. 746

STATE of New Mexico, Plaintiff and Appellee, v. Morgan LEACH, Defendant and Appellant.

Supreme Court of New Mexico.

Rehearing Denied December 3, 1954.

Attorney(s) appearing for the Case

Avelino V. Gutierrez and Alexander F. Sceresse, Albuquerque, for appellant.

Richard H. Robinson, Atty. Gen., Walter R. Kegel, Asst. Atty. Gen., Fred M. Standley, Asst. Atty Gen., for appellee.

LUJAN, Justice.

The defendant (appellant) was convicted in the District Court of Bernalillo County of the crime of rape and his punishment was fixed by imprisonment in the penitentiary for a term of not less than fifteen years nor more than twenty years. He appeals from the judgment rendered in pursuance of the verdict.

The record discloses that the act complained of took place in a gully on the outskirts south of the city of Albuquerque at

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