STATE v. OTTEN

No. 42521.

195 N.W.2d 590 (1972)

STATE of Minnesota, Respondent, v. Gary Andrew OTTEN, Appellant.

Supreme Court of Minnesota.

March 3, 1972.


Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, G. Thomas MacIntosh II, and Richard B. Allyn, Asst. Public Defenders, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., St. Paul, Geo. M. Scott, County Atty., Henry W. McCarr, Jr., and David G. Roston, Asst. Attys. Gen., Minneapolis, for respondent.

Heard before KNUTSON, C. J., and MURPHY, OTIS, and PETERSON, JJ.


OPINION

PER CURIAM.

Appeal from a judgment of conviction after jury trial on an information charging defendant with the offense of sodomy upon or with a child. Minn. St. 609.293, subd. 4(3). Defendant asserts that the "complainant mistakenly identified him" and that he [defendant] "convincingly established an alibi."

From the record it appears that, on the evening of September 20, 1969, complainant, a 14-year-old girl, and her girl friend, while...

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