State v. Mlynczak

Thomas Gallagher, Justice.

In our former opinion herein (State v. Mlynczak, 266 Minn. 230, 123 N. W. [2d] 358), this case was remanded1 to the District Court of Winona County for the purpose of having a transcript of the testimony prepared and filed here so that we might determine whether it was sufficient to support the jury’s verdict of guilty. Upon consideration of such testimony, the following supplemental opinion is made a part of our prior decision.

The transcript discloses that at the trial the complaining witness, a boy of 13 years, completely repudiated the accusations he had…