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DIAZ v. STATE

No. 4-782A208.

444 N.E.2d 340 (1983)

Genaro DIAZ, Defendant-Appellant, v. STATE of Indiana, Plaintiff-Appellee.

Court of Appeals of Indiana, Third District.

January 27, 1983.

Attorney(s) appearing for the Case

F. Laurence Anderson, Jr., Gary, for defendant-appellant.

Linley E. Pearson, Atty. Gen., Joseph N. Stevenson, Deputy Atty. Gen., Indianapolis, for plaintiff-appellee.

GARRARD, Judge.

Diaz was tried by jury and was convicted of rape. IC 35-42-4-1.

The evidence favorable to the verdict shows that Diaz and his companion, Tinajero, got the sixteen year old victim into their auto and drove to "Beer Can Alley." There they stopped and Tinajero, who was the driver, pulled the victim so she was lying across the front seat. Diaz got in the front seat and pulled down the victim's pants, and the victim began kicking him. Tinajero said...

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