State v. Singer

Supreme Court of Minnesota

State v. Singer

250 N.W.2d 832, 311 Minn. 474

CourtSupreme Court of Minnesota

DecidedJanuary 14, 1977

DocketNo. 45844

StatusPublished

This text of 250 N.W.2d 832 (State v. Singer) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Singer, 250 N.W.2d 832, 311 Minn. 474 (Mich. 1977).

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Opinion

PER CURIAM.

Defendant was charged by information with (a) aggravated rape in violation of Minn.St. 609.291, subd. 2 (resistance prevented by fear of immediate and great bodily harm), (b) aggravated rape, Minn.St. 609.17, 609.291, subd. 2, and (c) indecent liberties, Minn.St. 609.296. At the trial in district court these three offenses were submitted along with the lesser-included offense of simple assault, Minn.St. 609.22. The jury found defendant guilty of attempted aggravated rape and the trial court sentenced defendant to a maximum indeterminate term of 15 years’ imprisonment.

Singer contends that the evidence will not support a verdict of guilty of rape where resistance was prevented by fear of immediate and great bodily harm. Minn.St. 609.291, subd. 2. Rather, he contends that resistance was overcome by force, Minn.St. 609.291, subd. 3, for which act he was not charged. We have reviewed the record and find sufficient evidence of fear testified to by the victim. This fact distinguishes this case from our decisions in State v. Jones, 266 Minn. 523, 124 N.W.2d 727 (1963), and State v. Christofferson, 149 Minn. 134, 182 N.W. 961 (1921), which are relied upon by Singer.

Affirmed.

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PER CURIAM.

Defendant was charged by information with (a) aggravated rape in violation of Minn.St. 609.291, subd. 2 (resistance prevented by fear of immediate and great bodily harm), (b) aggravated rape, Minn.St. 609.17, 609.291, subd. 2, and (c) indecent liberties, Minn.St. 609.296. At the trial in district court these three offenses were submitted along with the lesser-included offense of simple assault, Minn.St. 609.22. The jury found defendant guilty of attempted aggravated rape and the trial court sentenced defendant to a maximum indeterminate term of 15 years’ imprisonment.

Singer contends that the evidence will not support a verdict of guilty of rape where resistance was prevented by fear of immediate and great bodily harm. Minn.St. 609.291, subd. 2. Rather, he contends that resistance was overcome by force, Minn.St. 609.291, subd. 3, for which act he was not charged. We have reviewed the record and find sufficient evidence of fear testified to by the victim. This fact distinguishes this case from our decisions in State v. Jones, 266 Minn. 523, 124 N.W.2d 727 (1963), and State v. Christofferson, 149 Minn. 134, 182 N.W. 961 (1921), which are relied upon by Singer.

Affirmed.

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Bluebook (online)

250 N.W.2d 832, 311 Minn. 474, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-singer-minn-1977.

Opinion

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