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STATE v. WATSON

No. 12206.

264 N.W.2d 519 (1978)

STATE of South Dakota, Plaintiff and Respondent, v. Michael WATSON, Defendant and Appellant.

Supreme Court of South Dakota.

Decided April 6, 1978.

Attorney(s) appearing for the Case

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

Sidney B. Strange of Strange, Breit & Strange, Sioux Falls, for defendant and appellant.

WOLLMAN, Justice.

Defendant appeals from the judgment of conviction entered upon the verdict of a jury which found him guilty on a charge of rape. We reverse and remand for new trial.

The information filed by the state charged that on July 11, 1976, defendant had accomplished an act of sexual penetration with a female person, not his wife, who was then less than sixteen years of age. As then in effect, SDCL 22-22...

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