State v. Allen

SCHROEDER, Judge.

This is an appeal from a criminal case heard by the District Court of the Sixth Judicial District in which Thomas Allen (Allen) was found guilty following a jury trial of battery with intent to commit rape, rape, aggravated assault and, as an enhancement of sentence, use of a firearm. Allen appeals the judgments based upon these verdicts, asserting that the state did not prove him guilty of the charges beyond a reasonable doubt.

I

TRIAL TESTIMONY AND EVIDENCE

In the early morning hours of November 28, 1993, Officer Rory Olsen (Officer) responded to a call from the Oasis Food…