State v. Martinez

DOYLE, Justice.

The defendant, Ambrose Martinez, was found guilty by a jury of attempted second degree rape on April 24, 1973.

In the afternoon of February 22, 1973, the defendant, his nephew, Mike Martinez, and Debra Morgan walked up the canyon of the hill behind the city liquor store of Hot Springs, South Dakota, to drink wine. They were later joined by Jim Moran. At the time, defendant Ambrose was 47 years old, Debra was 16, Mike was 14 and Jim Moran was 14. As Jim approached the group on the hill, Mike Martinez asked Jim to have a talk. The two went over a knoll out of the sight of Ambrose…