STATE v. EVANS

No. 1928.

104 Ariz. 434 (1969)

454 P.2d 976

STATE of Arizona, Appellee, v. Paul Melvin EVANS, Appellant.

Supreme Court of Arizona. In Banc.

May 28, 1969.


Attorney(s) appearing for the Case

Gary K. Nelson, Atty. Gen., Carl Waag, Special Asst. Atty. Gen., Phoenix, for appellee.

William T. Healy, Tucson, for appellant.


LOCKWOOD, Vice Chief Justice:

Defendant Paul Melvin Evans was convicted of second degree rape in violation of A.R.S. § 13-611 and sentenced to from three years to life. From this conviction and sentence defendant appeals.

Shortly after noon on January 14, 1967, the victim, aged five, and her friend, "Jackie", aged ten, left their homes in Rolling Hills, a Tucson subdivision, for a picnic in the nearby desert. They had just finished their lunch when they...

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