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STATE v. GUEST

No. 3533.

583 P.2d 836 (1978)

STATE of Alaska, Petitioner, v. Moses G. GUEST, and Jacob Y. Evan, Respondents.

Supreme Court of Alaska.

September 1, 1978.

Attorney(s) appearing for the Case

Natalie K. Finn, Asst. Dist. Atty., Harry L. Davis, Dist. Atty., Fairbanks, Avrum M. Gross, Atty. Gen., Juneau, for petitioner.

Patrick T. Brown, Rice, Hoppner, Hedland, Fleischer & Ingraham, Fairbanks, for Moses G. Guest, respondent.

Lyle R. Carlson, Fairbanks, for Jacob Y. Evan, respondent.

Before BOOCHEVER, C.J., and RABINOWITZ, CONNOR, BURKE and MATTHEWS, JJ.

OPINION

MATTHEWS, Justice.

The question presented in the State's petition for review is whether an honest and reasonable mistake of fact regarding a victim's age may serve as a defense to a charge of statutory rape.

On April 7, 1977, the respondents, Moses Guest and Jacob Evan, were charged with the statutory rape of T.D.G., age fifteen, in violation of AS 11.15.120.1 A motion to sever trials was subsequently granted...

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