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STATE v. LUTHERAN

No. 9599.

82 N.W.2d 507 (1957)

STATE of South Dakota, Plaintiff and Respondent, v. John LUTHERAN, Defendant and Appellant.

Supreme Court of South Dakota.

April 30, 1957.

Attorney(s) appearing for the Case

E. E. Sullivan, Rapid City, for defendant and appellant.

Phil Saunders, Atty. Gen., Benj. D. Mintener, Asst. Atty. Gen., for plaintiff and respondent.

HANSON, Judge.

The defendant was charged, in separate counts of the Information, with the crimes of incest, adultery, and rape of his nine-year-old daughter. The jury found him guilty of an attempt to commit each of the crimes charged. He appeals on two grounds, viz.: (1) The trial court erred in instructing the jury they could find him guilty of an attempt to commit the particular crimes charged in the Information, and (2) The evidence is insufficient to support...

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