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STATE v. BROWN

Crim. No. 906.

337 N.W.2d 138 (1983)

STATE of North Dakota, Plaintiff and Appellee, v. Joseph Lesley BROWN, Defendant and Appellant.

Supreme Court of North Dakota.

July 21, 1983.

Attorney(s) appearing for the Case

Robert J. Snyder [argued], of Bickle, Coles & Snyder, Bismarck, for defendant and appellant.

John M. Olson, Sp. Asst. State's Atty. [argued], Gail H. Hagerty, State's Atty., and John J. Fox, Asst. State's Atty., Bismarck, for plaintiff and appellee.

PAULSON, Justice.

Joseph Lesley Brown appeals from a judgment of conviction entered on November 1, 1982, by the District Court of Burleigh County upon a jury verdict finding him guilty of felonious restraint. The major issue raised on appeal is whether or not a witness whose memory has been previously enhanced through the use of hypnosis may testify in a criminal trial in North Dakota. We conclude that a witness who has previously been hypnotized is not rendered incompetent...

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