State v. Torkelsen

11:00am Monday, June 9, 2008
20070369 State of North Dakota, Plaintiff and Appellee
v.
James B. Torkelsen, Defendant and Appellant
Appeal from: Northeast Judicial District, Towner County, Judge Lee A. Christofferson
Nature of Action: Sexual Offense
Counsel:

Appellant: Scott R. Thompson
Appellee: Jonathan R. Byers , Att. General Office

Issues: Appellant's Statement of the Issues:
1. Did Judge Christofferson incorrectly rule on the defendant's motion for a judgment of acquittal pursuant to the North Dakota Rules of Criminal Procedure, Rule 29 in denying the defendant's motion at the close of the state's case? This issue is presented regarding all three counts of sexual assault brought against the defendant.
Appellee's Statement of the Issues:
I. There was sufficient evidence for the trial court to conclude that torkelsen committed three counts of sexual assault?
A. Count 1: Sexual contact between Torkelsen's penis and Jane Doe's hand on December 1, 2006.
B. Count 2: Sexual contact between Torkelsen's hands and Jane Doe's breasts on or about February 2004 to November 30, 2006.
C. Count 3: Sexual contact between Torkelsen's penis and Jane Doe's hands on or about February 2004 to November 30, 2006.
Briefs:
Case Summary
Appellant Brief
Appellee Brief
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