State v. Kirk

TEIGEN, Judge.

The defendant was convicted ' of the crime of rape in the second degree. He has appealed to this court, alleging insufficiency of the evidence to sustain the jury’s verdict.

The defendant was eighteen years of age and the complainant sixteen years of age when the alleged offense occurred. The information charges that the defendant had an act of sexual intercourse with the complainant by overcoming her resistance by force or violence, in violation of Section 12-30-06, N.D.C.C. The defendant admits that the complainant was not his wife, that he was eighteen years of age at the time…