STATE v. NAVARRO

No. 1201.

90 Ariz. 185 (1961)

367 P.2d 227

STATE of Arizona, Appellee, v. Arnold Ballesteros NAVARRO, Appellant.

Supreme Court of Arizona, En Banc.

December 13, 1961.


Attorney(s) appearing for the Case

Jose del Castillo, Tucson, for appellant.

Robert W. Pickrell, Atty. Gen., Harry Ackerman, County Atty. of Pima County, and Arthur R. Buller, Deputy County Atty., for appellee.


UDALL, Justice.

Defendant, Arnold Ballesteros Navarro, appeals from a conviction of and a five to six year prison sentence for the rape by deception of one Dora Alice Gonzales. This case is one of first impression in Arizona in that in involves the first conviction obtained under A.R.S. § 13-611, subd. 6 (1956) which defines the crime of rape to include the situation:

"Where the female submits under a belief that the person committing the act is her...

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