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STATE v. POWELL

No. Cr. 261.

73 N.W.2d 777 (1955)

The STATE of North Dakota, Plaintiff and Respondent, v. Wayne POWELL, Defendant and Appellant.

Supreme Court of North Dakota.

December 13, 1955.

Attorney(s) appearing for the Case

Wm. L. Paulson, Valley City, for defendant and appellant.

Paul Benson, Atty. Gen., Leslie R. Burgum, State's Attorney, D. W. Butts, Asst. State's Atty., Jamestown, for the State.

SATHRE, Judge.

This is a criminal action. The defendant was charged with the crime of Sodomy under Section 12-2207, NDRC 1943 committed on the person of a boy 11 years of age. The crime is alleged to have been committed in the City of Jamestown on the 29th day of August 1953. The case was tried to a court and a jury in the district court of Stutsman County and the jury returned a verdict of guilty. The case is here on appeal...

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