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STATE v. RUFFING

No. 9838.

105 N.W.2d 541 (1960)

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

Supreme Court of South Dakota.

October 21, 1960.

Attorney(s) appearing for the Case

Dudley R. Herman, Gregory, for defendant and appellant.

Parnell J. Donohue, Atty. Gen., Charles Poches, Jr., Asst. Atty. Gen., for plaintiff and respondent.

HANSON, Judge.

Joseph John Ruffing was charged with and tried for the crime of second degree rape in the Circuit Court of Gregory County. He was found guilty of the lesser included offense of assault with intent to commit rape upon which verdict he was sentenced to five years in the State Penitentiary. Sentence was imposed and judgment entered on December 18, 1958. Later the same day the State's Attorney filed a supplemental...

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