State v. Hamilton

GEBELEIN, Judge.

The defendant in this action is charged with two counts of Rape First Degree. For the purposes of determining the defendant’s pre-trial motion to dismiss, the following facts have been stipulated to:

1. The defendant is charged in two counts with committing Rape in the First Degree on the same evening with the same victim.

2. The alleged victim of the offenses was nine years old at the time of the offenses and is the natural daughter of the defendant.

3. The defendant and victim were living together with a parent-child relationship in the same household at the time of the…