State v. Carrico

HAYS, Justice.

The appellant was charged by indictment with rape, in violation of A.R.S. § 13-611(A) and § 13-614. The trial jury found him guilty of rape in the second degree. We have jurisdiction pursuant to 17A A.R.S. Supreme Court Rules, rule 47(e).

The sole issue in this appeal concerns the court’s giving an instruction on second degree rape when the indictment recited a violation of A.R.S. § 13-611(A). In 1962 the legislature amended the rape statute to provide for degrees of rape; first degree, as defined in A.R.S. § 13-611(A), involves what is often referred to as forcible rape; and…