STATE v. OLMSTEAD

Cr. No. 553.

246 N.W.2d 888 (1976)

STATE of North Dakota, Plaintiff and Appellee, v. Vernon Ray OLMSTEAD, Defendant and Appellant.

Supreme Court of North Dakota.

November 19, 1976.


Attorney(s) appearing for the Case

Thomas B. Jelliff, State's Atty., Grand Forks, for plaintiff and appellee State of North Dakota.

David Kessler, Grand Forks, for defendant and appellant.


VOGEL, Justice.

This case presented the trial judge with a direct conflict between the uncorroborated identification of the defendant as her assailant by a rape victim, and an alibi defense supported by five witnesses. The trial judge believed the victim and found the defendant guilty, in a trial without a jury. The defendant appealed, asserting that the evidence as a matter of law was insufficient to sustain the conviction. We affirm the conviction, but find error...

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