eBook details
- Title: Montana v. Peretti
- Author : Ninth Circuit United States Court of Appeals
- Release Date : January 16, 1981
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
Gray was convicted in Arizona state court of second degree or "statutory" rape under A.R.S. § 13-611(B). He argues on this appeal that the Arizona statutory rape law (since repealed) under which he was convicted discriminated against males and therefore violated the Equal Protection Clause of the United States Constitution. He also argues that, because he was charged in the information only with first degree or forcible rape, his right to due process was violated when the trial judge included second degree rape in his charge to the jury. These contentions were rejected on direct appeal by the Arizona Supreme Court. State v. Gray, 122 Ariz. 445, 595 P.2d 990 (1979). They were rejected by the federal district court on Grays petition for a writ of habeas corpus.