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Hankins v. State

538 P.2d 167, 91 Nev. 477, 1975 Nev. LEXIS 677
Nevada Supreme Court·Decided July 23, 1975·No. 7800·Published·Cited by 22 cases

Opinion

OPINION

Per Curiam:

Thurman Hankins was convicted by a jury of rape, infamous crime against nature and burglary. His sole contention on appeal is that there was insufficient evidence to support the jury verdict on the rape charge.

Although Hankins testified that the victim consented to the sexual act, the jury chose to believe the prosecution witnesses, and not Hankins’ version of the incident.

When there is conflicting testimony presented, it is for the jury to determine what weight and credibility to give to the testimony. “Where there is substantial evidence to support a *478 verdict in a criminal case, as the record indicates in this case, the reviewing court will not disturb the verdict nor set aside the judgment.” Sanders v. State, 90 Nev. 433, 529 P.2d 206 (1974). See also, Azbill v. State, 88 Nev. 240, 495 P.2d 1064 (1972); Crowe v. State, 84 Nev. 358, 441 P.2d 90 (1969).

Affirmed.

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Hankins v. State, 538 P.2d 167, 91 Nev. 477, 1975 Nev. LEXIS 677 (Neb. 1975).

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