State v. Martinez

7 Utah 2d 387 (1958)

326 P.2d 102

STATE OF UTAH, PLAINTIFF AND RESPONDENT,

v.

ROBERT HENRY MARTINEZ, HENRY ALVERIZ, AND JOSEPH BERT MATTEO, DEFENDANTS AND APPELLANTS.

No. 8796.

Supreme Court of Utah.

May 29, 1958.

L.G. Bingham, R.R. Hackett, Ogden, for appellants.

E.R. Callister, Atty. Gen., Gary L. Theurer, Asst. Atty. Gen., for respondent.

HENRIOD, Justice.

Appeal from 3 rape convictions. Reversed, and remanded for a new trial.

Two of the defendants were 16. The third, and the prosecutrix were 17.

All of the defendants admitted an attempt at or the accomplishment of sexual intercourse with the…