State v. Dale

HAYS, Justice.

The appellant, David Wayne Dale, was convicted on January 24, 1975, of two counts of rape, first degree; and one count of kidnapping with the intent to commit rape, lewd and lascivious acts, and sodomy. This court granted appellant’s petition for review. The opinion of the Court of Appeals is Vacated. State v. Dale, 25 Ariz. App. 417, 544 P.2d 241 (1975).

The crimes which form the basis for the indictment in this matter arise out of two separate incidents involving the appellant and two female victims. The first incident occurred on September 4, 1974. Appellant was charged with…