STATE v. DRAKE

No. 55879.

219 N.W.2d 492 (1974)

STATE of Iowa, Appellee, v. Ardie George DRAKE, Jr., Appellant.

Supreme Court of Iowa.

June 26, 1974.


Attorney(s) appearing for the Case

R. Bruce Haupert, Iowa City, for appellant.

Richard C. Turner, Atty. Gen., and David M. Dryer, Asst. Atty. Gen., Carl J. Goetz, Jr., County Atty., for appellee.

Heard before MOORE, C.J., and RAWLINGS, LeGRAND, UHLENHOPP and HARRIS, JJ.


LeGRAND, Justice.

Defendant was convicted of statutory rape committed against Patricia Ann Treiber under that provision of § 698.1, The Code, which makes it a crime for a male over the age of 25 years to "carnally know and abuse" a female under the age of 17 years. At the time of the offense charged, he was 29 years of age and the prosecutrix was 16. Defendant appeals from judgment sentencing him to serve a term of 20 years in the penitentiary at Fort Madison...

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