State v. Gehring

HOWE, Justice.

Defendant appeals from his nonjury conviction of rape, U.C.A., 1953, § 76-5-402. He contends that the trial court erred by convicting him out of passion and prejudice, by refusing to require production of the bed on which the rape allegedly occurred, and by denying him a new trial to permit him to produce another witness.

Defendant was a male nurse at a convalescent home. On the evening of December 29, 1982, a nurse’s aide saw defendant standing beside the bed of a heavily drugged patient, moving his hips in a rocking motion. It appeared to the aide that defendant was having…