STATE v. SHOTLEY

No. 43473.

233 N.W.2d 755 (1975)

STATE of Minnesota, Respondent, v. William SHOTLEY, Appellant.

Supreme Court of Minnesota.

September 26, 1975.


Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, Philip Marron, Mark W. Peterson, Asst. Public Defenders, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., St. Paul, Keith M. Brownell, County Atty., John E. DeSanto, Asst. County Atty., Duluth, for respondent.

Heard before SHERAN, C. J., and KELLY and YETKA, JJ., and considered and decided by the court en banc.


SHERAN, Chief Justice.

Appeal from a judgment of conviction for sodomy upon or with a child in violation of Minn.St. 609.293, subd. 4, and from denial of a motion for a new trial. Defendant, who was 21 at the time of trial, was sentenced to serve no more than 10 years' imprisonment in the custody of the commissioner of corrections.

On appeal, defendant contends that the conviction should be reversed because:

(1) The trial judge permitted the testimony...

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