State v. Sheldon

UDALL, Vice Chief Justice.

Defendant appeals from his conviction under A.R.S. § 13-652 (1956) 1 for committing a lewd and lascivious act (fellatio) upon the person of a complaining witness, a youth fifteen years of age at the time of the offense.

The boy, whose first name (Harold) only will be mentioned herein, testified that on a night early in June of 1960 he first met the defendant in a Phoenix bus station. The defendant introduced himself as Dale Murphy, age 18, and proposed that they buy some beer. After purchasing the beer at a local tavern defendant drove Harold to a deserted spot on…