State v. Houser

SAND, Justice.

A Morton County district court jury found the defendant guilty of gross sexual imposition in violation of § 12.1-20-03, North Dakota Century Code, and of felonious restraint in violation of § 12.1-18-02(2), NDCC. The court issued its judgment of conviction and sentenced the defendant to a term of seven years in the North Dakota State Penitentiary for gross sexual imposition and five years for felonious restraint, with both terms running concurrently.

The defendant appealed from the judgment of conviction contending that the trial court erred by failing to instruct the jury on the…