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BORN v. STATE

No. 5095.

633 P.2d 1021 (1981)

Daniel G. BORN, Appellant, v. STATE of Alaska, Appellee.

Court of Appeals of Alaska.

September 10, 1981.

Attorney(s) appearing for the Case

David C. Backstrom, Asst. Public Defender, Fairbanks and Brian Shortell, Public Defender, Anchorage, for appellant.

Natalie K. Finn, Asst. Dist. Atty., Harry L. Davis, Dist. Atty., Fairbanks, Peter Michalski, Office of Sp. Prosecutions and Appeals, Anchorage and Avrum M. Gross, Atty. Gen., Juneau, for appellee.

Before BRYNER, C.J., SINGLETON, J., and CARLSON, Superior Court Judge.

OPINION

BRYNER, Chief Judge.

This is an appeal brought by Daniel Born following conviction by a jury of the crime of rape. At issue is the conflicting testimony presented at trial concerning the offense.

On the evening of June 11, 1979, M.I. met Daniel Born by shooting a few games of pool with him in the Savoy Bar in Fairbanks. Born was there with a friend, Brad Morton. Around closing time, M.I. agreed to Born's suggestion that they go snort some...

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