State v. Horne

CALLISTER, Justice.

Defendant was convicted of the forcible rape 1 of a female over the age of 18 years, sentenced to prison for 10 years to life, and he appeals.

The rape was alleged to have occurred sometime during the early morning hours of June 15, 1960. The prosecutrix was a married woman, 21 years of age, and was living, at the time, with her two young children in a trailer house located in a trailer court in Clearfield, Utah. Her husband was in the armed services and stationed overseas.

The defendant, an unmarried man of 23, lived in the home of his parents which was located about 100…