State v. Brionez

A jury found Henry Brionez guilty of statutory rape, and the court imposed a sentence of 5 years. Brionez appeals. He assigns for error insufficiency of the evidence.

A jury might properly find as follows. The victim, age 17 and a college student, visited Scottsbluff, intending to spend the night with Hopie, a girl friend. During her visit she met a close friend, Mike, and two of his companions, Raymond and Gabby, ages 17. At Mike’s home the group played music, danced, and drank the contents of 23 cans of Budweiser beer which Mike’s mother had purchased. The victim, who had drunk beer only on…