A MINOR v. STATE, 91 Nev. 680 (1975)

541 P.2d 911


No. 7867Supreme Court of Nevada.
October 30, 1975

Appeal from Eighth Judicial District Court, Clark County; John F. Mendoza, Judge.

Morgan D. Harris, Public Defender, and Thomas L. Leen, Deputy Public Defender, Clark County, for Appellant.

Robert List, Attorney General, Carson City; George E. Holt, District Attorney, and Dan M. Seaton, Deputy District Attorney, Clark County, for Respondent.

Per Curiam:

Appellant, charged with rape, was found guilty of attempted rape after a contested hearing before a juvenile referee.

The juvenile judge adopted the finding and adjudicated appellant a delinquent; and, in this appeal the only contention urges there was insufficient evidence to sustain the adjudication. We reject the contention.

The prosecutrix, appellant’s schoolmate, testified: (1) appellant grabbed her purse and pulled her behind a building at the high school they attended; (2) she was forced to kiss and hug appellant who continually beat her about the head and face, at the same time poking her in the chest with a sharp stick; (3) appellant forced her to have intercourse; and, (4) he threatened to severely beat her if she reported the incident. Additionally, the victim immediately reported the incident to school authorities; and, subsequently, to her mother. Testimony of the mother also showed the victim (1) had a bruise on her chest and, (2) suffered from “facial swelling.”

Cross-examination raised some question as to whether or not penetration was actually achieved; however, there is ample evidence to show it was attempted.

Page 681

In our view, the recited circumstances support the adjudication. See Sanders v. State, 90 Nev. 433, 529 P.2d 206
(1974), where we ruled that when a judgment is supported by substantial evidence, as in this case, it will neither be disturbed nor set aside.