STATE v. DUNKEL

No. C9-90-1066.

466 N.W.2d 425 (1991)

STATE of Minnesota, Respondent, v. Michael Brian DUNKEL, Appellant.

Court of Appeals of Minnesota.

March 5, 1991.


Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., Paul R. Kempainen, Asst. Atty. Gen., St. Paul, Earl E. Maus, Cass County Atty., Walker, for respondent.

John C. McNulty, Marcy S. Wallace, Charlotte M. Reed, McNulty & Wallace, St. Paul, for appellant.

Considered and decided by NORTON, P.J., and FOLEY and HUSPENI, JJ.


OPINION

HUSPENI, Judge.

Appellant Michael Dunkel challenges his conviction for criminal sexual conduct in the third degree. He argues that the court erred by denying a new trial based on improperly admitted testimony and an erroneous jury instruction. We affirm.

FACTS

On May 16, 1989, nineteen-year-old S.A. went to appellant's residence in rural Cass county to babysit the two Dunkel children, ages 8 and 5. Appellant and his wife were away...

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