STATE v. SMOOT

No. 12299.

590 P.2d 1001 (1978)

99 Idaho 855

STATE of Idaho, Plaintiff-Respondent, v. Lester Daniel SMOOT, Defendant-Appellant.

Supreme Court of Idaho.

November 22, 1978.


Attorney(s) appearing for the Case

R.M. Whittier, Pocatello, for defendant-appellant.

Wayne L. Kidwell, Atty. Gen., James Kile, David G. High, Asst. Attys. Gen., Boise, for plaintiff-respondent.


DONALDSON, Justice.

The defendant-appellant, Lester Daniel Smoot, was charged with forcing a 22 year old Pocatello woman to have intercourse with him under threat of bodily harm. The rape was alleged to have taken place during the early morning hours of May 16, 1975. A jury found Smoot guilty of rape upon which a judgment of conviction was entered and he was sentenced to six years in the state penitentiary.

The victim testified at trial as follows: At approximately...

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