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STATE v. OLMSTEAD

Crim. No. 610.

261 N.W.2d 880 (1978)

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

Supreme Court of North Dakota.

January 11, 1978.

Attorney(s) appearing for the Case

Wheeler, Wolf, Wefald & Peterson, Bismarck, for defendant and appellant, and David Kessler, Grand Forks, of counsel; argued by Robert O. Wefald, Bismarck.

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

PEDERSON, Justice.

This is an appeal from an order denying a motion for new trial in a case that we are now considering for the third time. Vernon Ray Olmstead was convicted of having committed, on June 28, 1975, "rape in the first degree," in violation of § 12-30-01(1) and (4) and § 12-30-04(2), NDCC.1 Olmstead had waived a jury and, after a four-day trial, he was found guilty by the District Court of Grand Forks County and...

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