State v. Peters

HENRIOD, Chief Justice:

Appeal from a jury trial conviction of violation of Title 76-5-404 (Forcible Sexual Abuse), Utah Code Annotated 1953, as amended, — a third-degree felony.

Defendant urges that the trial court erred in not requiring the State to prove absence of rape and attempted rape, — both third-degree felonies, — as a condition precedent to conviction of the 76-5^104 offense charged, which reads:

A person commits forcible sexual abuse if, under circumstances not amounting to rape ... or attempted rape [or other specified acts, etc.]

Counsel cites only two cases to support his urgence:…