State v. Olmstead

VOGEL, Justice.

This case presented the trial judge with a direct conflict between the uncorroborated identification of the defendant as her assailant by a rape victim, and an alibi defense supported by five witnesses. The trial judge believed the victim and found the defendant guilty, in a trial without a jury. The defendant appealed, asserting that the evidence as a matter of law was insufficient to sustain the conviction. We affirm the conviction, but find error in the court’s refusal to permit the reinstatement of a withdrawn motion for new trial, and we remand for consideration of that…