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STATE v. WADDELL

No. 51503.

308 N.W.2d 303 (1981)

STATE of Minnesota, Respondent, v. Willis Lavell WADDELL, Appellant.

Supreme Court of Minnesota.

July 17, 1981.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, and Lawrence Hammerling, Asst. Public Defender, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., St. Paul, Thomas L. Johnson, County Atty., Vernon E. Bergstrom, Chief, Appellate Section, Michael H. McGlennen, Thomas A. Weist, Asst. County Atty., and Anne E. Peek, Law Clerk, Minneapolis, for respondent.

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

PETERSON, Justice.

Defendant, who was charged with burglary and criminal sexual conduct in the first degree, was found guilty by a district court jury of criminal sexual conduct in the third degree and sentenced by the trial court to a maximum prison term of five years. On this appeal from judgment of conviction defendant contends (1) that the evidence that sexual penetration was non-consensual was legally insufficient and (2) that the trial court erred in allowing...

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