State v. Oasheim

GIERKE, Justice.

This is an appeal by the State from an order entered in the District Court of Walsh County granting the defendant, David Oasheim, a new trial. Oasheim had been found guilty by a jury of the crime of gross sexual imposition. We affirm.

Oasheim and his co-defendant, Rick Kringstad, were charged with having forcibly compelled the victim to submit to an act of sexual intercourse in violation of § 12.1— 20-03 of the North Dakota Century Code.1 The criminal complaint alleged that the crime took place between twelve o’clock midnight and twelve-thirty a.m. on July 9, 1983, in Hoople,…