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STATE v. PEKAREK

No. 10338.

148 N.W.2d 328 (1967)

STATE of South Dakota, Plaintiff and Respondent, v. Joe PEKAREK, Sr., Defendant and Appellant.

Supreme Court of South Dakota.

February 15, 1967.

Attorney(s) appearing for the Case

Morris Myers, Aberdeen, for defendant and appellant.

Frank L. Farrar, Atty. Gen., Walter W. Andre, Asst. Atty. Gen., Pierre, Erwin L. Wiest, State's Atty., Herreid, for plaintiff and respondent.

HANSON, Judge.

Defendant was arrested and charged with the crime of rape on August 7, 1965. He immediately retained counsel. For some reason the crime of rape was not further prosecuted, but defendant was re-arrested and charged with the crime of indecent molestation of a child. A preliminary hearing was held on August 16, 1965 at which time defendant was bound over to Circuit Court for trial.

On August 21, 1965 an information was filed in Circuit Court charging...

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