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STATE v. KENNEDY

No. 16854.

616 P.2d 594 (1980)

STATE of Utah, Plaintiff and Respondent, v. Charles Alvin KENNEDY, Defendant and Appellant.

Supreme Court of Utah.

August 8, 1980.

Attorney(s) appearing for the Case

Pat Bernell Brian and Robert F. Babcock of McMurray & Anderson, Salt Lake City, for defendant and appellant.

Robert B. Hansen, Atty. Gen., and Craig L. Barlow, Asst. Atty. Gen., Salt Lake City, for plaintiff and respondent.

HALL, Justice:

Defendant Charles Alvin Kennedy appeals from a conviction of forcible sexual abuse.1

The evidence produced at trial supports the following factual outline. Defendant, a resident of Nephi, Juab County, Utah, married the prosecutrix, Toni Kennedy, in 1977. Following their marriage, the couple moved to Virginia for a time, but returned to Nephi to live in late 1978.

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