State v. Johnson

WASSERSTROM, Chief Judge.

Upon a jury trial in August 1978, defendant was found guilty of sodomy and rape. He appeals on the grounds that: (1) The jury selection was unconstitutionally discriminatory within the ruling of Duren v. Missouri, 439 U.S. 357, 99 S.Ct. 664, 58 L.Ed.2d 579 (1979); (2) the evidence was insufficient to support the conviction; and (3) the prosecutor made an improper argument to the jury.

Defendant’s challenge to the sufficiency of the evidence will be considered first, because if that point be valid then the conviction should be reversed outright and defendant discharged.…