STATE v. BROWN

No. 40412.

153 N.W.2d 229 (1967)

STATE of Minnesota, Respondent, v. Claude L. BROWN, Appellant.

Supreme Court of Minnesota.

September 29, 1967.


Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, Murray L. Galinson, Asst. Public Defender, Minneapolis, for appellant.

Douglas M. Head, Atty. Gen., Gerard W. Snell, Acting Sol. Gen., St. Paul, Carl E. Erickson, County Atty., Brainerd, for respondent.


OPINION

OTIS, Justice.

Defendant was tried and found guilty of attempting sexual intercourse with an inmate of a state hospital who, by reason of her mental deficiency, was incapable of giving consent.1 He was sentenced to a term of imprisonment not to exceed 7 years and appeals from the conviction.

At the time of trial defendant stipulated that the victim was not mentally...

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