State v. Smith

Defendant was convicted in the District Court of the First Judicial District of the crime of sexual intercourse without consent and was sentenced to 10 years in the Montana State Prison, with the last nine years suspended. Defendant appeals from the above conviction and judgment.

This case arose from a complaint filed by Mary Rose Cloninger alleging that defendant forced her to engage in sexual intercourse in the early morning hours of August 4, 1978. There is no dispute that on that morning the defendant and the complainant engaged in sexual intercourse. The sole issue at trial was whether…