State v. Martinez

TAYLOR, Justice.

On the evening of November 1, 1964, defendant (appellant), aged 22 years, in company with another boy, aged 17 years, and two girls, both aged 16 years, in defendant’s car, drove to a secluded spot near Mullan, where a beer drinking and “necking” party ensued. The party lasted three or four hours, during the latter part of which time the prosecutrix claimed she was raped by the defendant. Upon being returned to her home in Mullan she did not complain to her parents because she was afraid of her father. After the father’s departure for work the next morning, the prosecutrix…