State v. Gambrell

Ness, Justice:

Appellant Boyce Gambrell was convicted of criminal sexual conduct, first degree burglary and larceny and sentenced to fifty years imprisonment. We affirm.

In the early morning hours of September 9, 1978, an assailant kicked in the back door of the victim’s residence, tore a telephone from the kitchen wall, stole approximately $300 in cash and a sapphire ring, and committed sexual battery upon the victim. Two days later, a man subsequently identified as appellant sold the ring to a jewelry store.

Appellant asserts his indictment should have been quashed because the criminal sexual…