State v. Olmstead

PAULSON, Judge (on Reassignment).

The defendant, Vernon Ray Olmstead, was charged with the crime of “Rape in the first degree”, using a knife to threaten immediate and great bodily harm to the victim, in violation of § 12-30-01(1) and (4), and § 12-30-04(2), N.D.C.C. He waived a jury trial, and was convicted and sentenced to five years’ imprisonment. He has appealed and has moved for release pending the determination of the appeal. His motion, which was directed to the district court for release pending appeal, was denied.

The conviction was based upon identification by the victim of the rape…