Montana Supreme Court November 29, 1967, 11324 (State v. Wilroy)

MR. JUSTICE JOHN C. HARRISON

delivered the Opinion of the Court.

This is an appeal from a conviction for the crime of rape allegedly committed against a fifteen year old female.

The appellant, at the time of his conviction, was a staff sergeant in the U. S. Air Force stationed at Malmstrom Air Force Base, Montana.

On August 3, 1966, he got off duty at 3:00 p. m. and went to the N.C.O.