STATE v. MARTINEZ

No. 9647.

403 P.2d 597 (1965)

STATE of Idaho, Plaintiff-Respondent, v. Robert Lee MARTINEZ, Defendant-Appellant.

Supreme Court of Idaho.

June 25, 1965.


Attorney(s) appearing for the Case

Thomas A. Mitchell, Coeur d'Alene, for defendant-appellant.

Allan G. Shepard, Atty. Gen., and Thomas G. Nelson, Deputy Atty. Gen., Boise, Richard G. Magnuson, Pros. Atty., Wallace, for plaintiff-respondent.


TAYLOR, Justice.

On the evening of November 1, 1964, defendant (appellant), aged 22 years, in company with another boy, aged 17 years, and two girls, both aged 16 years, in defendant's car, drove to a secluded spot near Mullan, where a beer drinking and "necking" party ensued. The party lasted three or four hours, during the latter part of which time the prosecutrix claimed she was raped by the defendant. Upon being returned to her home in Mullan she did not complain...

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