STATE v. ROTHERING

No. C7-86-588.

397 N.W.2d 346 (1986)

STATE of Minnesota, Respondent, v. Timothy B. ROTHERING, Appellant.

Court of Appeals of Minnesota.

Review Denied January 16, 1987.


Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., Robert A. Stanich, Sp. Asst. Atty. Gen., St. Paul, Julius E. Gernes, Winona Co. Atty., Winona, for respondent.

C. Paul Jones, Minnesota Public Defender, Susan K. Maki, Asst. Public Defender, Minneapolis, for appellant.

Considered and decided by CRIPPEN, P.J., and LANSING and LESLIE, JJ., with oral argument waived.


OPINION

CRIPPEN, Judge.

Appellant challenges the sufficiency of evidence for kidnapping and criminal sexual assault convictions. He also contends the trial court made several errors in admitting and excluding evidence and in refusing an instruction permitting conviction for fornication, a misdemeanor. We find no merit in the appeal.

FACTS

In the middle of the night on August 5, 1985, A.P. was asleep in her farm home near Fremont, Minnesota...

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