STATE v. KIRK

Cr. No. 440.

211 N.W.2d 757 (1973)

STATE of North Dakota, Plaintiff/Appellee, v. Rodney KIRK, Defendant/Appellant.

Supreme Court of North Dakota.

October 24, 1973.


Attorney(s) appearing for the Case

Ella Van Berkom, Minot, for defendant/appellant.

Richard B. Thomas, State's Atty., Minot, for plaintiff/appellee.


TEIGEN, Judge.

The defendant was convicted of the crime of rape in the second degree. He has appealed to this court, alleging insufficiency of the evidence to sustain the jury's verdict.

The defendant was eighteen years of age and the complainant sixteen years of age when the alleged offense occurred. The information charges that the defendant had an act of sexual intercourse with the complainant by overcoming her resistance by force or violence, in violation...

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