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STATE v. HUGGINS

No. 14770.

665 P.2d 1053 (1983)

105 Idaho 43

STATE of Idaho, Plaintiff-Appellant, v. Orval Edward HUGGINS, Jr., Defendant-Respondent.

Supreme Court of Idaho.

June 22, 1983.

Attorney(s) appearing for the Case

Jim Jones, Atty. Gen., Lynn E. Thomas, Sol. Gen., and Myrna A.I. Stahman, Deputy Atty. Gen., for plaintiff-appellant.

Bert L. Osborn, Payette, for defendant-respondent.

SHEPARD, Justice.

This is an appeal by the State from a Court of Appeals decision affirming a judgment of acquittal of a defendant charged with assault with intent to rape.1 The sole issue is whether, under the circumstances of the instant case, the State bears the burden of proving the absence of a marriage status between the victim and the defendant. We granted review since the question is one of first impression in Idaho under our ...

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