Smith v. Morris

Appellant was charged with the crime of rape, in violation of U.C.A., 1953, § 76-5-402. In the information, it was alleged that the victim was under the age of fourteen, which under the statute would make the offense punishable as a felony of the first degree. Appellant entered a plea of not guilty. He admitted having sexual intercourse with the girl, but claimed it was with her consent. He also averred that the girl had told him she was nineteen years old.

Plea bargaining was entered into. After the prosecutor eliminated the allegation that the girl was under the age of fourteen, appellant…