State v. Rubio

BERNSTEIN, Chief Justice.

Appellant was convicted of rape and sentenced -to from 30 to 50 years.

On appeal from conviction and the denial of a new trial this Court will view the evidence in the light most strongly in favor of upholding the jury’s verdict. State v. Barker, 94 Ariz. 383, 385 P.2d 516 (Oct. 10, 1963). So viewed, the evidence shows that on the evening of June 22, 1962, at about 8:00 p. m., the defendant and his mother called on the prosecutrix who lived in the same apartment building. At about 9:00 p. m., defendant’s mother left and he remained, saying he wished to use the phone.…