STATE v. CHRISTMAS

No. 10475.

162 N.W.2d 125 (1968)

STATE of South Dakota, Plaintiff and Respondent, v. Willie Bruce CHRISTMAS, Jr., Defendant and Appellant.

Supreme Court of South Dakota.

October 29, 1968.


Attorney(s) appearing for the Case

J. I. Milton Schwartz, Rapid City, for defendant and appellant.

Frank L. Farrar, Atty. Gen., Walter W. Andre, Asst. Atty. Gen., Pierre, R. James Brennan, Pennington County State's Atty., Rapid City, for plaintiff and respondent.


RENTTO, Judge.

Willie Bruce Christmas, Jr., was charged with the crime of rape in the second degree. It was based on the state's claim that he had accomplished an act of sexual intercourse with one Davine Shangreaux, a female under the age of 18 years and not his wife. Since the evidence did not establish any sexual penetration the crime of rape was not submitted to the jury. It was instructed to consider only the included offenses and returned its verdict finding...

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