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FITZPATRICK v. STATE

No. 8798.

558 P.2d 630 (1977)

Michael Aridious FITZPATRICK, Appellant, v. The STATE of Nevada, Respondent.

Supreme Court of Nevada.

January 19, 1977.

Attorney(s) appearing for the Case

Morgan D. Harris, Clark County Public Defender, and Michael A. Cherry, Asst. Public Defender, Las Vegas, for appellant.

Robert List, Atty. Gen., Carson City, George E. Holt, Clark County Dist. Atty., and H. Leon Simon, Deputy Dist. Atty., Las Vegas, for respondent.

OPINION

ZENOFF, Justice:

Michael Aridious Fitzpatrick was charged with forcible rape and also extorting $1,000 from the rape victim. He was convicted on both counts. He contends principally on appeal that although he denies having had intercourse with the prosecutrix, the circumstances she outlined did not constitute forcible rape assuming the act occurred.

The prosecutrix testified that she submitted to Fitzpatrick because of his representations...

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