STATE v. HITCH

No. C2-84-655.

356 N.W.2d 820 (1984)

STATE of Minnesota, Respondent, v. Scott HITCH, Appellant.

Court of Appeals of Minnesota.

October 30, 1984.


Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., Paul R. Kempainen, Sp. Asst. Atty. Gen., St. Paul, for respondent.

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

Considered and decided by POPOVICH, C.J., and HUSPENI and FORSBERG, JJ., with oral argument waived.


OPINION

HUSPENI, Judge.

Appellant Scott Hitch was convicted by a jury of criminal sexual conduct in the third degree in violation of Minn.Stat. § 609.344(d) (Supp.1983) for raping a mentally defective woman. He contends he did not receive a fair trial, and the evidence was insufficient to convict him because the State failed to prove: (1) the complainant was mentally defective or incapacitated, (2) he knew or should have known that complainant was mentally...

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