Minnesota Supreme Court, 1977

State v. Rathai

Minnesota Supreme Court · Decided April 15, 1977

253 N.W.2d 148; 312 Minn. 601 (North Western Reporter, Second Series)

Counsel

C. Paul Jones, Public Defender, Gregory A. Gaut, Asst. Public Defender, Minneapolis, for appellant., Warren Spannaus, Atty. Gen., Richard G. Mark, Asst. Atty. Gen., Edward M. Laine, Special Asst. Atty. Gen., St. Paul, Arvid L. Wendland, County Atty., Blue Earth, for respondent.

Opinion of the Court

PER CURIAM.

Defendant was found guilty by a district court jury of charges of kidnapping and aggravated rape, Minn.St. 609.25 and *149609.291, and was sentenced by the trial court to a maximum indeterminate term of 15 years at the state reformatory. Issues raised by defendant on this appeal from judgment of conviction are whether identification procedures used by police created a substantial likelihood of irreparable mis-identification and whether there was, as a matter of law, insufficient evidence identifying him as the assailant. Our review of the record compels affirmance since we find no merit supporting defendant’s claims.

Affirmed.

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