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STATE v. WITT

No. 45197.

245 N.W.2d 612 (1976)

STATE of Minnesota, Respondent, v. Thomas E. WITT, Appellant.

Supreme Court of Minnesota.

September 3, 1976.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, Rosalie E. Wahl, Asst. Public Defender, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., Peter W. Sipkins, Sol. Gen., Richard B. Allyn, Asst. Atty. Gen., Gary Hansen, Sp. Asst. Atty. Gen., St. Paul, DeWayne P. Mattson, County Atty., Rochester, for respondent.

Heard before ROGOSHESKE, TODD, and BREUNIG, JJ., and considered and decided by the court en banc.

TODD, Justice.

Defendant, Thomas E. Witt (Witt), appeals from a judgment of the district court entered pursuant to the verdict of a jury finding defendant guilty of kidnapping and aggravated rape. He was sentenced to the maximum term of 30 years on the aggravated rape conviction. Witt contends that the aggravated rape statute pursuant to which he was convicted and sentenced (since repealed) denied him equal protection of the laws guaranteed by the Fourteenth Amendment...

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