State v. Stettina

STEWART, Justice:

Defendant was charged and convicted of rape, a felony of the second degree, in violation of § 76-5 — 402, Utah Code Ann. (1953), as amended. On appeal from the conviction, defendant contends that the evidence as a matter of law was insufficient to support a conviction for rape.

There is no disagreement that shortly before the incident the prosecutrix and the defendant met in a tavern and stepped outside together. They decided to smoke marijuana and proceeded across the street to a sloped, grassy area where they would be out of view. It is not disputed that sexual intercourse…