STATE v. DURST

No. 20248.

879 P.2d 603 (1994)

126 Idaho 140

STATE of Idaho, Plaintiff-Respondent, v. Alan Howard DURST, Defendant-Appellant.

Court of Appeals of Idaho.

Petition for Review Denied September 8, 1994.


Attorney(s) appearing for the Case

Michael L. Henegen, Moscow, argued, for appellant.

Larry EchoHawk, Atty. Gen., Douglas A. Werth, Deputy Atty. Gen. (argued), Boise, for respondent.


PER CURIAM.

A jury found Alan Durst guilty of raping a twenty-one year old female resident of his home whose mental impairment allegedly rendered her incapable of consenting to sexual intercourse. Durst's wife, the victim's personal care provider, presented testimony at trial that was damaging to Durst's defense. Also during trial, anatomically correct dolls were used by the victim and the prosecution to depict the alleged intercourse. On appeal, Durst raises three...

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