STATE v. ADAIR

No. 12374.

587 P.2d 1238 (1978)

99 Idaho 703

STATE of Idaho, Plaintiff-Respondent, v. Dennis ADAIR, Defendant-Appellant.

Supreme Court of Idaho.

December 15, 1978.


Attorney(s) appearing for the Case

Darrel W. Aherin, Lewiston, for defendant-appellant.

Wayne L. Kidwell, Atty. Gen., Lynn E. Thomas, Deputy Atty. Gen., James F. Kile, Asst. Atty. Gen., Boise, for plaintiff-respondent.


BISTLINE, Justice.

Defendant-appellant, Dennis Adair, appeals from a verdict, judgment of conviction and sentence on a charge of forcible rape. Sentenced to serve a maximum indeterminate term of 25 years, he appeals both the conviction and the sentence. The primary issue is whether the admitted intercourse was consensual or forcible.

The prosecution's evidence at trial showed the following: after an evening of moderate to heavy drinking in the company of her...

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