State v. Otten

Appeal from a judgment of conviction after jury trial on an information charging defendant with the offense of sodomy upon or with a child. Minn. St. 609.293, subd. 4(3). Defendant asserts that the “complainant mistakenly identified him” and that he [defendant] “convincingly established an alibi.”

From the record it appears that, on the evening of September 20, 1969, complainant, a 14-year-old girl, and her girl friend, while walking on their way to attend a high school fooball game, were hailed by three boys in an automobile, who invited them to a party. One of the occupants of the car was…