Klinekole v. State

I dissent. The evidence in this case unquestionably establishes that a burglary and rape occurred in the early morning hours of July 2,1982. P.C., the victim, was awakened by blows from a tiretool or crowbar. After this initial struggle, P.C. was raped and anally sodomized. Police later established P.C.’s assailant entered the house through a bedroom window. Physical evidence introduced at trial did not eliminate appellant as a suspect, but was inconclusive regarding the identity of P.C.’s assailant. The only issue disputed by the litigants involved the identity of P.C.’s assailant.

Based on…