STATE v. BENTON

No. 84 KA 0016.

453 So.2d 993 (1984)

STATE of Louisiana v. Lionel BENTON.

Court of Appeal of Louisiana, First Circuit.

Writ Denied September 28, 1984.


Attorney(s) appearing for the Case

Ossie Brown, Dist. Atty. by Ralph Roy, Asst. Dist. Atty., Joseph N. Lotwick, Asst. Dist. Atty., Baton Rouge, for plaintiff-appellee.

Kathleen S. Richey, Asst. Public Defender, Baton Rouge, for defendant-appellant.

Before COVINGTON, COLE and SAVOIE, JJ.


SAVOIE, Judge.

Defendant, Lionel Benton, appeals his conviction for attempted aggravated rape and his sentence of 15 years at hard labor.

On November 8, 1981, defendant had sexual intercourse with the victim. This fact is not in dispute. However, there is a dispute concerning the factual circumstances surrounding the commission of the offense and whether the victim consented thereto.

Defendant was charged with violating L.S.A.-R.S. 14:42, Louisiana...

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