STATE v. CASWELL

No. 81-386.

320 N.W.2d 417 (1982)

STATE of Minnesota, Respondent, v. Douglas L. CASWELL, Appellant.

Supreme Court of Minnesota.

June 11, 1982.


Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, and Kathy King, Asst. Public Defender, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., Gary Hansen and Kenneth W. Saffold, Sp. Asst. Attys. Gen., St. Paul, Robert W. Kelly, County Atty., Stillwater, for respondent.

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


OTIS, Justice.

Appellant was found guilty of criminal sexual conduct in the first degree, Minn. Stat. § 609.342(e) (1980) (actor causes personal injury to complainant and uses force or coercion to accomplish sexual penetration), for raping a former woman companion, and was sentenced to 43 months in prison. On appeal he seeks a new trial on the grounds the trial court prejudicially erred (1) in refusing to admit evidence that a short time before the alleged offense...

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