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STATE v. HEISINGER

Nos. 11967, 11968.

252 N.W.2d 899 (1977)

STATE of South Dakota, Plaintiff and Respondent, v. Eugene HEISINGER and Loren Schmidt, Defendants and Appellants.

Supreme Court of South Dakota.

Decided April 22, 1977.

Attorney(s) appearing for the Case

Peter Lieberman, Asst. Atty. Gen., for plaintiff and respondent; William J. Janklow, Atty. Gen., Pierre, on the brief.

John S. Theeler, of Morgan, Fuller, Theeler & Cogley, Mitchell, for defendant and appellant Eugene Heisinger.

Lee A. Tappe, of Tappe & Vavra, P.C., Platte, for defendant and appellant Loren Schmidt.

ZASTROW, Justice (on reassignment).

On April 30, 1976, the defendants, Eugene Heisinger and Loren Schmidt, were charged with the rape of a fifteen-year-old female in violation of SDCL 22-22-1.1 A preliminary hearing was held on May 14, 1976, and the defendants were bound over for trial. The state filed an information and the defendants responded with motions to set aside and demurrers. An intermediate...

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