STATE v. CALAMITY

No. 20497.

735 P.2d 39 (1987)

The STATE of Utah, Plaintiff and Respondent, v. David CALAMITY and Albert Whitehair, Defendants and Appellants.

Supreme Court of Utah.

March 23, 1987.


Attorney(s) appearing for the Case

Phil L. Hansen, Salt Lake City, for defendants and appellants.

David L. Wilkinson, Atty. Gen., Earl F. Dorius, Asst. Atty. Gen., for plaintiff and respondent.


HOWE, Justice:

Defendant Albert Whitehair appeals his jury convictions of two counts of rape. U.C.A., 1953, § 76-5-402. His co-defendant, David Calamity, was acquitted.

On October 27, 1984, the fourteen-year-old victim and her friend were walking home across the Richfield High School foot-ball field when a group of Indian boys came out of a dormitory and chased them. The girls were quickly caught and separated. The victim was dragged to the baseball diamond...

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