SMITH v. MORRIS

No. 18423.

690 P.2d 560 (1984)

Bradley Joe SMITH, Plaintiff and Appellant, v. Lawrence MORRIS, Warden, Utah State Prison, Defendant and Respondent.

Supreme Court of Utah.

October 9, 1984.


Attorney(s) appearing for the Case

Joseph C. Fratto, Jr., Salt Lake City, for plaintiff and appellant.

David L. Wilkinson, Atty. Gen., Salt Lake City, for defendant and respondent.


PER CURIAM:

Appellant was charged with the crime of rape, in violation of U.C.A., 1953, § 76-5-402. In the information, it was alleged that the victim was under the age of fourteen, which under the statute would make the offense punishable as a felony of the first degree. Appellant entered a plea of not guilty. He admitted having sexual intercourse with the girl, but claimed it was with her consent. He also averred that the girl had told him she was nineteen...

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