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STATE v. KRINGSTAD

Cr. No. 976.

353 N.W.2d 302 (1984)

The STATE of North Dakota, Plaintiff and Appellee, v. Rick KRINGSTAD, Defendant and Appellant.

Supreme Court of North Dakota.

July 11, 1984.

Attorney(s) appearing for the Case

Neil W. Fleming [argued], of Fleming & Dubois, Cavalier, for defendant and appellant.

Nicholas B. Hall, State's Atty., Grafton, for plaintiff and appellee.

GIERKE, Justice.

The defendant, Rick Kringstad, appeals from a judgment of conviction of the crime of gross sexual imposition and from an order denying his motion for a new trial. We vacate the judgment and remand.

Kringstad and his co-defendant, David Oasheim, were charged with having forcibly compelled the victim to submit to an act of sexual intercourse in violation of § 12.1-20-03(1)(a) of the North Dakota Century Code. The criminal complaint alleged...

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