State v. Anselmo

ELLETT, Justice:

' The defendant was convicted and duly sentenced for the crimes of kidnapping and aggravated sexual assault. He has appealed, claiming the court erred in three particulars, viz. .(1) In failing to reduce the charge of aggravated sexual assault to the included offense of simple rape.(2) In failing to give defendant’s proposed instruction dealing with the amount of force and the nature of resistance required in a rape case, and(3) In giving an instruction which was not supported by the evidence in the ease.

The facts of the case as established by competent, believable evidence…