ELLETT, Chief Justice:
The defendant was tried and convicted by a jury of the crime of unlawful sexual intercourse, a felony of the third degree, in violation of Section 76-5-401, U.C.A., 1953, as amended.
The evidence discloses that defendant, then 22 years of age, was discovered asleep in a sleeping bag with a 15 year old girl, between 4:00 and 5:00 a.m. on the morning of July 22, 1977. Both the defendant and the girl were naked. Upon a medical examination...
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