STATE v. CARTER

No. 48978.

289 N.W.2d 454 (1979)

STATE of Minnesota, Respondent, v. Robert Eugene CARTER, Appellant.

Supreme Court of Minnesota.

October 19, 1979.


Attorney(s) appearing for the Case

Connolly & Heffernan and John S. Connolly, St. Paul, for appellant.

Warren Spannaus, Atty. Gen., St. Paul, Alan L. Mitchell, County Atty., and Kevin O'Connell, Asst. County Atty., Duluth, for respondent.

Considered and decided by the court en banc without oral argument.


YETKA, Justice.

Defendant was found guilty by a district court jury of a charge of criminal sexual conduct in the third degree under Minn. Stat. § 609.344(c) (1976) (using force or coercion to accomplish sexual penetration), and was sentenced by the trial court to a limited maximum prison term of 5 (instead of 10) years. On his direct appeal defendant challenges the sufficiency of the evidence on force or coercion, contends that the trial court erroneously admitted...

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