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STATE v. BATEMAN

No. 1 CA-CR 888.

25 Ariz. App. 1 (1975)

540 P.2d 732

STATE of Arizona, Appellant, v. Mearion Ray BATEMAN, Appellee.

Court of Appeals of Arizona, Division 1, Department B.

Rehearing Denied November 5, 1975.

Attorney(s) appearing for the Case

Bruce E. Babbitt, Atty. Gen. by William J. Schafer III, Asst. Atty. Gen., Phoenix, and Charles Preimsberg, Yavapai County Atty. by Richard A. Stewart, Deputy County Atty., Prescott, for appellant.

Charles Anthony Shaw, Prescott, for appellee.

OPINION

JACOBSON, Presiding Judge.

The constitutionality of Arizona's statutes prohibiting sodomy and lewd and lascivious acts as applied to married couples is brought under attack in this appeal.

On May 21, 1974, the defendant, Mearion Ray Bateman, was charged in a two-count information with committing anal intercourse upon his wife and forcing her to commit fellatio upon him. The defendant subsequently...

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