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STATE v. McCUMBER

No. 16716.

622 P.2d 353 (1980)

STATE of Utah, Plaintiff and Respondent, v. George Wesley McCUMBER, Defendant and Appellant.

Supreme Court of Utah.

December 9, 1980.

Attorney(s) appearing for the Case

Bruce C. Lubeck of Salt Lake Legal Defenders Ass'n, Salt Lake City, for defendant and appellant.

Robert B. Hansen, Atty. Gen., Earl F. Dorius, Asst. Atty. Gen., Salt Lake City, for plaintiff and respondent.

HALL, Justice:

Defendant appeals his conviction by a jury, of one count of aggravated sexual assault,1 one count of aggravated burglary,2 and one count of attempted rape.3

At approximately 1:00 a.m. on the morning of Wednesday, May 9, 1979, prosecutrix Nichol was awakened from sleep by the presence of someone in the bedroom of her apartment in Salt Lake County, Utah. The...

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