Legal Opinion

State v. Grubbs

Court of Appeals of Arizona

Decided September 13, 1977No. 2 CA-CR 1028PublishedCited by 3 opinions

1Opinion of the Court

OPINION

RICHMOND, Judge.

Appellant was convicted of first-degree rape in violation of A.R.S. § 13-611.

On appeal he urges:

1. The trial court erred in not striking direct testimony of the complaining witness, which would have eliminated requisite elements of the crime and resulted in a directed verdict of acquittal.

2. The trial court erred in providing an interpreter for the complainant who had demonstrated ample facility in English.

We find no merit in either contention, and affirm.

The pertinent parts of A.R.S. § 13-611 provide that rape occurs:

“2. Where the female resists, but her resistance is…

2Cases cited5 opinions

  1. Pointer v. TexasSupreme Court of the United States · 1965
  2. United States v. John Joseph FrankCourt of Appeals for the Second Circuit · 1974
  3. State v. NartenArizona Supreme Court · 1965
  4. Viliborghi v. State of ArizonaArizona Supreme Court · 1935
  5. Alvarado v. State of ArizonaArizona Supreme Court · 1945

3Cited by3 opinions

  1. State v. HernandezIdaho Court of Appeals · 1991
  2. State v. SelallaSouth Dakota Supreme Court · 2008
  3. State v. SelallaSouth Dakota Supreme Court · 2008

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