State v. Herzog

610 P.2d 1281 (1980)

STATE of Utah, Plaintiff and Respondent,

v.

Ronald Ray HERZOG, Defendant and Appellant.

No. 16441.

Supreme Court of Utah.

April 10, 1980.

D. Gilbert Athay, Salt Lake City, for defendant and appellant.

Robert B. Hansen, Atty. Gen., Robert R. Wallace, Asst. Atty. Gen., Salt Lake City, for plaintiff and respondent.

HALL, Justice:

Defendant appeals his conviction of the offense of rape.[1] His sole contention on appeal is that the evidence was insufficient to support the jury verdict.

Shortly after midnight on the morning of November 1, 1978, prosecutrix in the present action,…