State v. Singer

Defendant was charged by information with (a) aggravated rape in violation of Minn.St. 609.291, subd. 2 (resistance prevented by fear of immediate and great bodily harm), (b) aggravated rape, Minn.St. 609.17, 609.291, subd. 2, and (c) indecent liberties, Minn.St. 609.296. At the trial in district court these three offenses were submitted along with the lesser-included offense of simple assault, Minn.St. 609.22. The jury found defendant guilty of attempted aggravated rape and the trial court sentenced defendant to a maximum indeterminate term of 15 years’ imprisonment.

Singer contends that the…