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STATE v. WILROY

No. 11324.

434 P.2d 138 (1967)

STATE of Montana, Plaintiff and Respondent, v. Robert Douglas WILROY, Defendant and Appellant.

Supreme Court of Montana.

Decided November 29, 1967.

Attorney(s) appearing for the Case

Dzivi & Conklin, William P. Conklin (argued), Great Falls, for appellant.

Forrest H. Anderson, Atty. Gen., Donald A. Garrity, Asst. Atty. Gen. (argued), Helena, Gene B. Daly, County Atty., J. Fred Bourdeau (argued), Francis J. Raucci (appeared), Deputy County Attys., Great Falls, for respondent.

JOHN C. HARRISON, Justice. Court.

This is an appeal from a conviction for the crime of rape allegedly committed against a fifteen year old female.

The appellant, at the time of his conviction, was a staff sergeant in the U.S. Air Force stationed at Malmstrom Air Force Base, Montana.

On August 3, 1966, he got off duty at 3:00 p.m. and went to the N.C.O. Club where he did considerable drinking until the hours...

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