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STATE v. HEIDELBERGER

No. CX-83-1753.

353 N.W.2d 582 (1984)

STATE of Minnesota, Respondent, v. David C. HEIDELBERGER, Appellant.

Court of Appeals of Minnesota.

Petition for Further Review Denied September 12, 1984.

Attorney(s) appearing for the Case

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

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Robert M.A. Johnson, Anoka County Atty., Anoka, for respondent.

Considered and decided by SEDGWICK, P.J., PARKER and CRIPPEN, JJ., with oral argument waived.

OPINION

PARKER, Judge.

David C. Heidelberger was convicted before a jury of two counts of intrafamilial sexual abuse, two counts of kidnapping and of incest. All the charges arose from his forcible rape of his 16-year-old sister, as a result of which she became pregnant and underwent an abortion.

Appellant's defense was that his sister's charges were a fabrication and that he had an alibi covering the time during which the offense allegedly occurred...

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