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STATE v. HEINZER

No. C5-83-1322.

347 N.W.2d 535 (1984)

STATE of Minnesota, Respondent, v. Gary John HEINZER, Appellant.

Court of Appeals of Minnesota.

Petition for Denied July 26, 1984.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, Mary C. Cade, Asst. Public Defender, Minneapolis, for appellant.

Hubert H. Humphrey, III, Atty. Gen., John Dimich, Itasca County Atty., Grand Rapids, for respondent.

Considered and decided by POPOVICH, C.J., and PARKER and LANSING, JJ., with oral argument waived.

Petition for Permission to Appeal Denied July 26, 1984.

OPINION

LANSING, Judge.

Defendant Gary Heinzer appeals his conviction of criminal sexual conduct in the third degree (rape) in violation of Minn. Stat. § 609.344(c) (1982). He claims that he is entitled either to a reversal or a new trial because the jury instructions impermissibly removed the State's burden of proving lack of consent. He also claims a reversal is justified on the ground...

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