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STATE v. LAU

No. C6-86-1733.

409 N.W.2d 275 (1987)

STATE of Minnesota, Respondent, v. Marlin Guy LAU, Appellant.

Court of Appeals of Minnesota.

July 28, 1987.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., Paul R. Kempainen, Sp. Asst. Atty. Gen., St. Paul, Joseph F. Weiners, Dodge Co. Atty., Mantorville, for respondent.

C. Paul Jones, State Public Defender, Lawrence Hammerling, Asst. State Public Defender, Minneapolis, for appellant.

Considered and decided by NIERENGARTEN, P.J., and FOLEY and RANDALL, JJ., with oral argument waived.

OPINION

FOLEY, Judge.

Appellant Marlin Lau was convicted of criminal sexual conduct in the second degree, Minn. Stat. § 609.343, subd. 1(a) (Supp.1985) (unlawful sexual contact). He contends the evidence was insufficient and that the five-year old complainant was incompetent to testify. We affirm.

FACTS

On October 8, 1985 appellant was alone in his trailer home while his wife was visiting their neighbors. The neighbors' five-year old...

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