State v. Munoz

OPINION

HOWARD, Chief Judge.

Appellant appeals his conviction for assault with intent to commit rape. The facts viewed in the light most favorable to upholding the verdict, State v. Trotter, 110 Ariz. 61, 514 P.2d 1249 (1973) are as follows.

On the evening of October 26, 1975, the victim, age 16, was spending the night with her mother’s permission at the home of her cousin Steve Hernandez and his wife, Ernestina (Ernie). Appellant, age 24, who was a friend of Steve and Ernie, visited the Hernandez home about 10:00 p. m. Steve, Ernie, appellant and the victim sat around watching television.…