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STATE v. HEMMENWAY

No. 9983.

120 N.W.2d 561 (1963)

STATE of South Dakota, Plaintiff and Respondent, v. Lewis HEMMENWAY, Defendant and Appellant.

Supreme Court of South Dakota.

March 28, 1963.

Attorney(s) appearing for the Case

Robert W. Gunderson, Rapid City, for defendant and appellant.

A. C. Miller, Atty. Gen., Joseph Bottum, III, Asst. Atty. Gen., Pierre, for plaintiff and respondent.

RENTTO, Judge.

This is a criminal case. The defendant was found guilty of the crime of rape involving a girl under the age of 18 and was sentenced to 15 years imprisonment. His appeal from the judgment is prosecuted by court-appointed counsel who, by appointment, had also represented him at his two trials

According to the state's evidence, the complaining witness on October 17, 1960, was visiting in the home of a cousin in Rapid City, South Dakota. It was...

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