STATE v. TORRES

No. 1978-2.

109 Ariz. 421 (1973)

510 P.2d 737

STATE of Arizona, Appellee, v. Matias Moreno TORRES, Appellant.

Supreme Court of Arizona, In Division.

Rehearing Denied July 17, 1973.


Attorney(s) appearing for the Case

Gary K. Nelson, Atty. Gen. by Louis A. Moore, Jr., Asst. Atty. Gen., Phoenix, for appellee.

Ross P. Lee, Maricopa County Public Defender by Anne Kappes, Deputy Public Defender, Phoenix, for appellant.


HAYS, Chief Justice.

The defendant, Matias Torres, was charged with first degree rape of 10-year-old Christina Flores. He was tried in superior court without a jury, found guilty, and sentenced to from 12 to 14 years in prison.

On appeal, this Court took notice that because of the tender age of the child, the failure of the examining physician to do a complete job, and the existence of somewhat of a language barrier, the element of penetration had not been...

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