Legal Opinion

State v. Herrera

Utah Supreme Court

Decided November 5, 1958No. 8804PublishedCited by 6 opinions

1Opinion of the Court

HENRIOD, Justice.

Appeal from rape convictions. Reversed.

Prosecutrix, a 15 year old married Mexican mother voluntarily went for a ride in a car occupied by five young male Mexicans. She kissed at least one of them and joined them in drinking beer. She and the two defendants were left at a spot removed from town where defendants had intercourse with her, she insisting it was by force and against her will and they insisting that it was voluntary and with her consent.

Appellants urge error in 1) admitting on cross-examination, evidence elicited from a 17 year old occupant of the car,, in 2)…

2Cited by6 opinions

  1. People v. PerezCalifornia Supreme Court · 1962
  2. State v. GustafsonOregon Supreme Court · 1967
  3. McDonald v. StateCourt of Criminal Appeals of Oklahoma · 1971
  4. State v. EdwardsUtah Supreme Court · 1962
  5. State v. StarksUtah Supreme Court · 1978

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