STEWART, Justice:
Defendant was charged and convicted of rape, a felony of the second degree, in violation of § 76-5-402, Utah Code Ann. (1953), as amended. On appeal from the conviction, defendant contends that the evidence as a matter of law was insufficient to support a conviction for rape.
There is no disagreement that shortly before the incident the prosecutrix and the defendant met in a tavern and stepped outside together. They decided to smoke...
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