STATE v. CORNWALL

No. 11335.

518 P.2d 863 (1974)

95 Idaho 680

STATE of Idaho, Plaintiff-Respondent, v. Herman Ray CORNWALL, Defendant-Appellant.

Supreme Court of Idaho.

January 23, 1974.


Attorney(s) appearing for the Case

R.M. Whittier, Pocatello, for defendant-appellant.

W. Anthony Park, Atty. Gen., Wayne Crookston, Asst. Atty. Gen., J. Dennis Williams, Deputy Atty. Gen., Boise, Kenneth F. Clarke, Bingham County Prosecutor, Blackfoot, for plaintiff-respondent.


DONALDSON, Justice.

Herman Ray Cornwall, appellant (defendant) entered a plea of guilty to the charge of statutory rape. I.C. § 18-6101. He was subsequently sentenced to a term in the state penitentiary not to exceed fifteen years. From the imposition of that sentence he prosecutes this appeal.

Stated briefly, the facts are as follows. On Friday, October 7, 1972, the defendant was drinking in his home in Pocatello in the company of his older brother Phillip...

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