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STATE v. SCHWEITZER

No. 10677.

171 N.W.2d 737 (1969)

STATE of South Dakota, Plaintiff and Appellant, v. Gary SCHWEITZER, Defendant and Respondent.

Supreme Court of South Dakota.

November 10, 1969.

Attorney(s) appearing for the Case

Gordon Mydland, Atty. Gen., Walter W. Andre, Asst. Atty. Gen., Pierre, Larry F. Hosmer, State's Atty., Yankton, for plaintiff and appellant.

James E. Doyle, Yankton, for defendant and respondent.

PER CURIAM:

Defendant, one of four men charged with rape in the first degree, made a motion, supported by affidavits of two defendants and their attorney based on information and belief, that the complaining witness be examined by a psychiatrist to be selected by defendant. At a hearing October 8, 1968, where both defendant's attorney and the State's attorney appeared and the latter made no showing, the trial court entered an order which denied defendant's motion...

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