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STATE v. CUNNINGHAM

No. 11985.

551 P.2d 605 (1976)

97 Idaho 650

The STATE of Idaho, Plaintiff-Respondent, v. Wayne CUNNINGHAM, Defendant-Appellant.

Supreme Court of Idaho.

June 25, 1976.

Attorney(s) appearing for the Case

Richard P. Wallace, Coeur d'Alene, for defendant-appellant.

Wayne L. Kidwell, Atty. Gen., Boise, R. Romer Brown, Sp. Asst. Atty. Gen., Coeur d'Alene, James F. Kile, Asst. Atty. Gen., Boise, for plaintiff-respondent.

DONALDSON, Justice.

Appellant was convicted by a jury of three offenses: rape and two counts of an infamous crime against nature.1 The following facts were adduced at his trial.

On January 13, 1975, a young woman, Ms. X, was staying late for business classes in Spokane. At 8:45, classes ended and she walked to her car in a lot three blocks away. Just as she reached her car she noticed a man she later identified as the appellant...

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