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STATE v. MARTINEZ

No. 11350.

220 N.W.2d 530 (1974)

STATE of South Dakota, Plaintiff and Respondent, v. Ambrose MARTINEZ, Defendant and Appellant.

Supreme Court of South Dakota.

July 25, 1974.

Attorney(s) appearing for the Case

Neil Carsrud, Asst. Atty. Gen., Pierre, for plaintiff and respondent; Kermit A. Sande, Atty Gen., Pierre, and Rolland E. Grosshans, State's Atty., Hot Springs, on the brief.

David P. Russell, Edgemont, for defendant and appellant.

DOYLE, Justice.

The defendant, Ambrose Martinez, was found guilty by a jury of attempted second degree rape on April 24, 1973.

In the afternoon of February 22, 1973, the defendant, his nephew, Mike Martinez, and Debra Morgan walked up the canyon of the hill behind the city liquor store of Hot Springs, South Dakota, to drink wine. They were later joined by Jim Moran. At the time, defendant Ambrose was 47 years old, Debra was 16, Mike was 14 and Jim Moran was...

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