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STATE v. ROSACHI

Nos. 4606-4610, 4612.

549 P.2d 318 (1976)

STATE of Wyoming, Plaintiff, v. Richard W. ROSACHI et al., Defendants.

Supreme Court of Wyoming.

April 27, 1976.

Attorney(s) appearing for the Case

V. Frank Mendicino, Atty. Gen., Gerald A. Stack, Deputy Atty. Gen., Crim. Div., and Don W. Riske, Legal Intern. on briefs; Don W. Riske, Legal Intern (argued), for plaintiff.

C. Edward Webster, II, Housel & Webster, Cody (argued), for defendants, Robert Lester Anderson, James Scott Burnam, Arthur Caudle, Leon Ragsdale, Richard W. Rosachi and Jeff Jones; James S. Allison, Associate of Ross D. Copenhaver, P.C., Powell, and C. Edward Webster and Richard W. Ferry of McCarty & Ferry, Cody, on briefs.

Before GUTHRIE, C.J., and McCLINTOCK, RAPER, THOMAS and ROSE, JJ.

PER CURIAM.

Upon the trial judge's own motion, we are here asked to consider reserved constitutional questions directed at § 6-63(C), W.S. 1957, Laws, 1971, Ch. 70, § 1:

"Whoever unlawfully has carnal knowledge of a female child fifteen (15) years of age or over and under the age of eighteen (18) years with her consent shall be guilty of third-degree rape and shall be confined in the county jail for not more than one (1) year."

The defendants...

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