STATE v. ANSELMO

No. 14578.

558 P.2d 1325 (1977)

The STATE of Utah, Plaintiff and Respondent, v. Joseph ANSELMO, Defendant and Appellant.

Supreme Court of Utah.

January 4, 1977.


Attorney(s) appearing for the Case

Vernon B. Romney, Atty. Gen., Earl F. Dorius, Asst. Atty. Gen., Salt Lake City, for defendant and appellant.

Bruce C. Lubeck, Salt Lake City, for plaintiff and respondent.


ELLETT, Justice:

The defendant was convicted and duly sentenced for the crimes of kidnapping and aggravated sexual assault. He has appealed, claiming the court erred in three particulars, viz.

(1) In failing to reduce the charge of aggravated sexual assault to the included offense of simple rape. (2) In failing to give defendant's proposed instruction dealing with the amount of force and the nature of resistance required in a rape case, and

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