State v. Olmstead

242 N.W.2d 644 (1976)

STATE of North Dakota, Plaintiff-Appellee,

v.

Vernon Ray OLMSTEAD, Defendant-Appellant.

Cr. No. 553.

Supreme Court of North Dakota.

April 29, 1976.

Rehearing Denied June 10, 1976.

David Kessler, Grand Forks, for defendant-appellant.

Thomas B. Jelliff, State's Atty., Grand Forks, for plaintiff-appellee.

PAULSON, Judge (on Reassignment).

The defendant, Vernon Ray Olmstead, was charged with the crime of "Rape in the first degree", using a knife to threaten immediate and great bodily harm to the victim, in violation of § 12-30-01(1) and (4), and § 12-30-04(2), N.D.C.C. He waived a jury…