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STATE v. REIMAN

Nos. 12451, 12461 to 12463.

284 N.W.2d 860 (1979)

STATE of South Dakota, Plaintiff and Respondent, v. Harold Frederick REIMAN, Robert G. Graham, Jeffery G. Onstott, Alan N. Elliott, Defendants and Appellants.

Supreme Court of South Dakota.

Decided October 31, 1979.

Attorney(s) appearing for the Case

Margaret Crew, Asst. Atty. Gen., Pierre, for plaintiff and respondent; Mark V. Meierhenry, Atty. Gen., Pierre, on the brief.

John R. Kabeiseman of Brady, Kabeiseman, Reade, Abbott & Johnson, Yankton, for defendant and appellant Reiman.

Steven M. Johnson of Brady, Kabeiseman, Reade, Abbott & Johnson, Yankton, for defendant and appellant Graham.

William J. Klimisch of Goetz, Hirsch, Haar & Klimisch, Yankton, for defendant and appellant Onstott.

John T. Porter of Doyle, Beirle & Porter, Yankton, for defendant and appellant Elliott.

FOSHEIM, Justice.

All four defendants were charged, tried and convicted of rape and kidnapping. Motions for new trials were denied. All defendants appeal from the judgments entered. They raise numerous assignments of error which will be grouped for discussion. We affirm the rape convictions of all defendants and the kidnapping convictions of defendants Reiman and Graham. We reverse the kidnapping convictions of defendants Onstott and Elliott.

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