STATE v. KIEHN

No. 10753.

199 N.W.2d 594 (1972)

STATE of South Dakota, Plaintiff and Respondent, v. Carl R. KIEHN, Defendant and Appellant.

Supreme Court of South Dakota.

Decided July 18, 1972.

As Amended on Denial of Rehearing August 29, 1972.


Attorney(s) appearing for the Case

Walter W. Andre, Asst. Atty. Gen., Pierre, for plaintiff and respondent; Gordon Mydland, Atty. Gen., Pierre, was on the brief.

Donald J. Porter, Pierre, for defendant and appellant.


BIEGELMEIER, Judge (on reassignment).

Defendant appeals from his conviction of indecent molestation of his five-year-old daughter Robin. After having heard oral argument and before a decision was reached, due to a change in membership of the Court, reargument was ordered.

Defendant contends the court erred in refusing to instruct the jury on assault and battery, claiming they are included offenses. The crimes of assault and battery require force and violence...

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