FRESQUEZ v. STATE

No. 3926.

492 P.2d 197 (1971)

Arsenio Leroy FRESQUEZ, Appellant (Defendant below), v. STATE of Wyoming, Appellee (Plaintiff below).

Supreme Court of Wyoming.

December 30, 1971.


Attorney(s) appearing for the Case

Vincent A. Ross, Cheyenne, for appellant.

C.A. Brimmer, Atty. Gen., Richard A. Stacy, Asst. Atty. Gen., James P. Horiskey, Franklin J. Smith, Asst. County Attys., Cheyenne, for appellee.

Before McINTYRE, C.J., and PARKER, McEWAN and GRAY, JJ.


Mr. Justice McEWAN delivered the opinion of the court.

This is an appeal from the verdict of a jury which found the appellant guilty of the crime of first-degree rape.

Appellant was charged with having carnal knowledge of a woman forcibly and against her will contrary to § 6-63, W.S. 1957 (1971 Cum.Supp.). The facts, which are not in controversy, disclose that the complaining witness was raped at a place approximately one mile west of Cheyenne just off...

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