STATE v. TOPE

No. 9163.

387 P.2d 888 (1963)

STATE of Idaho, Plaintiff-Respondent, v. Emerson M. TOPE, Defendant-Appellant.

Supreme Court of Idaho.

December 26, 1963.


Attorney(s) appearing for the Case

Henry F. Reed, Kent Power, Boise, for appellant.

Allan G. Shepard, Atty. Gen., R. La Var Marsh, Asst. Atty. Gen., Harold A. Ranquist, Louis H. Cosho, Boise, for respondent.


KNUDSON, Chief Justice.

Appellant-defendant was charged with and convicted of the crime of lewd and lascivious conduct with a minor female under the age of 16 years, in violation of I.C. § 18-6607. From a judgment of conviction this appeal is taken.

Appellant contends that there was no corroboration of the act of lewd and lascivious conduct or that appellant committed such act; that the court erroneously instructed the jury, after reporting that they...

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