State v. Calamity

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 football 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 where the boys stripped her of some of her clothes. Some of the boys held her down while others engaged in sexual intercourse. As the victim…