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STATE v. ARMSTRONG

No. 1004.

511 P.2d 560 (1973)

85 N.M. 234

STATE of New Mexico, Plaintiff-Appellee, v. Ralph D. ARMSTRONG, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied June 15, 1973.

Attorney(s) appearing for the Case

Thomas E. Horn, Albuquerque, for defendant-appellant.

David L. Norvell, Atty. Gen., Ronald Van Amberg, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

HERNANDEZ, Judge.

Defendant was convicted after trial by jury on one count of rape (§ 40A-9-2, N.M.S.A. 1953 (2d Repl. Vol. 6)) and one count of sodomy (§ 40A 9-6, N.M.S.A. 1953 (2d Repl.Vol. 6)).

On the night of October 3, 1971 at about 11:15 the prosecutrix was returning home. She had parked and locked her car when another car drove up and stopped behind hers. A man, later identified as the defendant, got down and called to her...

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