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STATE v. ELTON

No. 18151.

680 P.2d 727 (1984)

STATE of Utah, Plaintiff and Respondent, v. Don A. ELTON, Defendant and Appellant.

Supreme Court of Utah.

March 28, 1984.

Attorney(s) appearing for the Case

Kent O. Willis, Provo, for defendant and appellant.

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

STEWART, Justice:

We have previously issued a per curiam opinion in this case, now published at 657 P.2d 1261. That opinion concluded that reasonable mistake of age could not be raised as a defense in a prosecution for unlawful sexual intercourse as defined in U.C.A., 1953, § 76-5-401. We later withdrew that opinion for the purpose of rehearing the case and addressing more fully...

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