State v. Toth

Henry M. Gallagher, Chief Justice.

Defendant was convicted of the crime of rape. He appeals from the judgment of conviction and the sentence thereupon imposed. There was no motion for a new trial. Defendant’s present counsel did not represent him at the trial. It is here contended (1) that the evidence does not sustain the conviction, and (2) that the trial court erred in admitting certain evidence over defendant’s objection.

The facts, except those directly pertaining to the alleged assault, are not seriously in dispute. Emil Kish and his wife lived on a farm near Elk River in Sherburne…