STATE v. CLAY

No. 16188.

731 P.2d 804 (1987)

112 Idaho 261

STATE of Idaho, Plaintiff-Respondent, v. Norman Homer CLAY, Defendant-Appellant.

Court of Appeals of Idaho.

Petition for Review Denied March 30, 1987.


Attorney(s) appearing for the Case

Alan D. Wilson, Mountain Home, for defendant-appellant.

Jim Jones, Atty. Gen. by Lynn E. Thomas, Sol. Gen., and Steven J. Schuster, Deputy Atty. Gen. (argued), Boise, for plaintiff-respondent.


BURNETT, Judge.

This is an appeal from a judgment of conviction on a charge of rape. The primary issue is whether the trial judge unduly pressured the jury to return a verdict after a deadlock was reported. We hold that he did.

The facts are straightforward. The state charged Norman H. Clay with raping a woman who was visiting the town of Atlanta, Idaho, during a community festival known as "Atlanta Daze." The woman testified that Clay entered a cabin where...

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