State v. Lundblade

This is an appeal from a conviction of sexual intercourse without consent, after a jury trial. We modify the judgment of the District Court for Rosebud County.

Defendant raises several issues on appeal, but we find the following issue dispositive:

Was the evidence before the jury sufficient to sustain defendant’s conviction of sexual intercourse without consent?

Defendant and the victim, and their respective families, were acquaintances. At the time of the incident, the victim’s husband was hospitalized. Defendant testified that he and another man went to the victim’s trailer sometime between 10…