Opinion
No. 46738.
April 15, 1977.
Criminal law — conviction of kidnapping and aggravated rape — identification of defendant — adequacy.
Appeal by Darrell L. Rathai from a judgment of the Faribault County District Court, Noah S. Rosenbloom, Judge, whereby he was convicted of kidnapping and aggravated rape. Affirmed.
C. Paul Jones, State Public Defender, and Gregory A. Gaut, Assistant State Public Defender, for appellant.
Warren Spannaus, Attorney General, Richard G. Mark, Assistant Attorney General, Edward M. Laine, Special Assistant Attorney General, and Arvid L. Wendland, County Attorney, for respondent.
Considered and decided by the court without oral argument.
Defendant was found guilty by a district court jury of charges of kidnapping and aggravated rape, Minn. St. 609.25 and 609.291, 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 misidentification 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.