State v. Dutton

LOCKWOOD, Chief Justice:

Appellant (hereinafter referred to as defendant) was convicted below of first degree rape, with a prior conviction. He was sentenced to a term of not less than twelve nor more than fifteen years, the minimum sentence with a prior conviction being ten years. He appeals, claiming insufficiency of the evidence, prejudicial remarks by the trial judge and the prosecuting attorney, and erroneous instructions to the jury.

The facts adduced at trial, taken in the light most favorable to sustaining the verdict (State v. Bearden, 99 Ariz. 1, 405 P.2d 885 (1965)) are the…