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STATE v. KLEIN

Cr. No. 414.

200 N.W.2d 288 (1972)

STATE of North Dakota, Plaintiff and Respondent, v. Delmar D. KLEIN, Defendant and Appellant.

Supreme Court of North Dakota.

Rehearing Denied September 6, 1972.

Attorney(s) appearing for the Case

Helgi Johanneson, Atty. Gen., Bismarck, and Gordon O. Hoberg, State's Atty., Napoleon, for plaintiff and respondent State of North Dakota.

Richard B. Bear, Bismarck, for defendant and appellant.

STRUTZ, Chief Justice.

The defendant, Delmar D. Klein, was convicted in the district court of Logan County of the crime of rape in the first degree. The information upon which he was tried charged him with having committed the crime of rape in the first degree in the manner following, to wit:

"That at the said time and place the said defendant did have sexual intercourse with a female, namely; [naming the complaining witness], who was not his wife and who...

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