STATE v. HODGES

No. 9813.

14 Utah 2d 197 (1963)

381 P.2d 81

STATE OF UTAH, PLAINTIFF AND RESPONDENT, v. TERRY JAY HODGES, DEFENDANT AND APPELLANT.

Supreme Court of Utah.

May 2, 1963.


Attorney(s) appearing for the Case

Preston & Harris, Logan, for appellant.

A. Pratt Kesler, Atty. Gen., Stephen L. Johnston, Asst. Atty. Gen., Salt Lake City, for respondent.


McDONOUGH, Justice.

This is an appeal from a conviction for carnal knowledge under Utah Code Annotated, 76-53-19 (1953). The case was tried to the court without a jury.

The complaint charged the defendant, a high school graduate of several hours, with having had intercourse with the prosecutrix, 15, in the early morning hours of May 25, 1962. At the time of the trial she was admittedly pregnant. Appellant argues that inasmuch as her menstrual period ended...

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