STATE v. RAMIREZ

No. 6862.

369 P.2d 973 (1962)

70 N.M. 54

STATE of New Mexico, Plaintiff-Appellee, v. Adolph Johnson RAMIREZ, Defendant-Appellant.

Supreme Court of New Mexico.

March 23, 1962.


Attorney(s) appearing for the Case

George E. Ward and Langford Keith, Jr., Roswell, for appellant.

Earl E. Hartley, Atty. Gen., Carl P. Dunifon and Mark C. Reno, Asst. Attys. Gen., for appellee.


CARMODY, Justice.

The question for decision is whether there is substantial evidence justifying a conviction of forcible rape.

Appellant claims that the testimony of the prosecutrix is inherently improbable and that the proof fails to show the requisite resistance required to constitute rape.

It seems that the defendant had been paroled from the New Mexico Penitentiary two or three days before the offense...

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