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STATE v. BROWN

No. 10067.

16 Utah 2d 57 (1964)

395 P.2d 727

STATE OF UTAH, PLAINTIFF AND RESPONDENT, v. MERVIL EDWARD BROWN, DEFENDANT AND APPELLANT.

Supreme Court of Utah.

October 15, 1964.

Attorney(s) appearing for the Case

Phil L. Hansen, Salt Lake City, for appellant.

A Pratt Kesler, Atty. Gen., Ronald N. Boyce, Chief Asst. Atty. Gen., Salt Lake City, for respondent.

CROCKETT, Justice.

Mervil E. Brown appeals from a second jury verdict convicting him of forcible rape. A prior conviction of this same offense was reversed and remanded for a new trial. The facts are set forth quite fully in the previous opinion, 14 Utah.2d 324, 383 P.2d 930. A new trial was granted primarily because the district attorney had commented on the failure of defendant's wife, who...

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