State v. Vicars

Defendant was convicted of the crime of statutory rape of a previously chaste 15-year-old female. Defendant’s appeal is predicated upon the alleged unconstitu tionality of section 28-408, R. R. S. 1943; errors in the reception and exclusion of the evidence; and the giving or refusing of instructions. We affirm.

The incident resulting in the prosecution occurred on the evening of June 7, 1969. At that time the prosecuting witness was 15 and the defendant 21 years of age. Defendant admits the act and for the purposes of this opinion we assume that the prosecutrix consented to the act and that…