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STATE v. OLMSTEAD

Cr. No. 553.

242 N.W.2d 644 (1976)

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

Supreme Court of North Dakota.

Rehearing Denied June 10, 1976.

Attorney(s) appearing for the Case

David Kessler, Grand Forks, for defendant-appellant.

Thomas B. Jelliff, State's Atty., Grand Forks, for plaintiff-appellee.

PAULSON, Judge (on Reassignment).

The defendant, Vernon Ray Olmstead, was charged with the crime of "Rape in the first degree", using a knife to threaten immediate and great bodily harm to the victim, in violation of § 12-30-01(1) and (4), and § 12-30-04(2), N.D.C.C. He waived a jury trial, and was convicted and sentenced to five years' imprisonment. He has appealed and has moved for release pending the determination of the appeal. His motion, which was...

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