State v. Johnson

Peterson, Justice.

Defendant, Earlvin Johnson, appeals from a judgment of conviction of taking indecent liberties with a 19-year-old unmarried minor. The criminal incident is the same as that considered in In re Spencer, 288 Minn. 119, 179 N. W. (2d) 95, involving several young men together with this defendant.

Two issues are raised: (1) Whether the testimony identifying defendant as one of the participants in the crime was sufficient to support the court’s finding of guilt, particularly in the face of defendant’s alibi; and (2) whether the trial judge erred in re ceiving into evidence, over…