STATE v. HAVENS

No. 12072.

264 N.W.2d 918 (1978)

STATE of South Dakota, Plaintiff and Respondent, v. Glenn D. HAVENS, Defendant and Appellant.

Supreme Court of South Dakota.

Decided April 12, 1978.

Rehearing Denied May 17, 1978.


Attorney(s) appearing for the Case

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

T. F. Martin of McCann, Martin & Mickelson, P. C., Brookings, for defendant and appellant.


MORGAN, Justice.

The appellant was tried on four charges: Two of rape of one prosecutrix; one of attempted rape and one of assault with intent to commit rape on another prosecutrix. This is an appeal from the jury verdict and the judgment convicting the appellant of one count of rape and one count of assault and battery upon the person of another. We affirm.

The evidence discloses that the appellant, after consuming alcoholic beverages for a period from 5...

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