State v. Bryant

Knutson, Chief Justice.

This is an appeal from a judgment convicting defendant of consensual sodomy. The facts are not seriously in dispute and therefore only those necessary to the resolution of the issue raised will be presented.

Montgomery Ward and Company operates a large department store in St. Paul. For the convenience of the public it provides restrooms. The men’s restroom involved here contained a number of toilet stalls, 2 feet 9 inches wide and approximately 5 feet in depth. They were separated by metal partitions beginning about 12 1/2 inches above the floor and extending to within 3…