STATE v. TOTIMEH

No. C4-88-620.

433 N.W.2d 921 (1988)

STATE of Minnesota, Respondent, v. George Herman TOTIMEH, Appellant.

Court of Appeals of Minnesota.

Review Denied February 22, 1989.


Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., Paul R. Kempainen, Asst. Atty. Gen., St. Paul, Roger Van Heel, Stearns County Atty., St. Cloud, for respondent.

Michael O. Burns, Burns, Wielinski & Elleraas, St. Cloud, C. Paul Jones, Minnesota State Public Defender, Marie L. Wolf, Asst. State Public Defender, University of Minnesota, Minneapolis, for appellant.

Considered and decided by SCHUMACHER, P.J., and HUSPENI and STONE, JJ., without oral argument.


OPINION

SCHUMACHER, Judge.

Appellant was tried before the court without a jury and found guilty of burglary in the first degree and criminal sexual conduct in the fourth degree. Appellant argues that the evidence was not sufficient to convict him of either crime. Further, appellant claims newly discovered evidence entitles him to a new trial.

FACTS

On the morning of June 6, 1987, appellant entered a house inhabited by university students...

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