State v. Brown

PAULSON, Justice.

Joseph Lesley Brown appeals from a judgment of conviction entered on November 1, 1982, by the District Court of Bur-leigh County upon a jury verdict finding him guilty of felonious restraint. The major issue raised on appeal is whether or not a witness whose memory has been previously enhanced through the use of hypnosis may testify in a criminal trial in North Dakota. We conclude that a witness who has previously been hypnotized is not rendered incompetent to testify. Rather, we hold that hypnotism affects the credibility *139but not the admissibility of such testimony. For the…