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STATE v. MILLER

No. 11824.

248 N.W.2d 874 (1976)

STATE of South Dakota, Plaintiff and Respondent, v. John E. MILLER, Defendant and Appellant.

Supreme Court of South Dakota.

December 31, 1976.

Attorney(s) appearing for the Case

John P. Guhin, Asst. Atty. Gen., Pierre, for plaintiff and respondent; William J. Janklow, Atty. Gen., Pierre, on the brief.

Randal E. Connelly, Rapid City, for defendant and appellant.

BRAITHWAITE, Circuit Judge.

In the early morning hours of Saturday, April 18, 1975, Mary Lou Mauch arrived at her home alone. As she went to open her door, a man wearing a face mask and carrying a knife appeared and, in the course of forcing his way into her house, cut her on the hand. Once inside the house, he compelled her to have intercourse with him. He then left and ran across the street and through a neighbor's yard...

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