State v. Anderton

I dissent.

Our statute (section 8105, Comp. Laws Utah 1917) defines rape to he:

“An act of sexual intercourse accomplished with a female, not the wife of the perpetrator, under either of the following circumstances: 1. When the female is under the age of thirteen years; 2. where she is incapable, through lunacy [etc.] of giving legal consent; 3. where she resists, but her resistance is overcome by force or violence; 4. where she is prevented from resisting’ by threats of immediate and great bodily harm; * * * 5. when she is at the time unconscious of the nature of the act, and * * * 6. where…