STATE v. GREY OWL

No. 12927.

295 N.W.2d 748 (1980)

STATE of South Dakota, Plaintiff and Appellee, v. Melvin GREY OWL, Defendant and Appellant.

Supreme Court of South Dakota.

Decided September 3, 1980.


Attorney(s) appearing for the Case

Leann Larson Finke, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Mark V. Meierhenry, Atty. Gen., Pierre, on brief.

Max A. Gors of Maher & Gors, Pierre, for defendant and appellant.


HENDERSON, Justice.

ACTION

Melvin Grey Owl (appellant) was convicted by a Hughes County jury on September 24, 1979, of attempted rape and attempted incest. Grey Owl appeals from the judgment of conviction. We reverse.

FACTS

Victoria Walking Bull, the victim, age 25, is the niece of appellant. Evidence at trial established that since her father's death, she had become close to appellant. She visited with appellant, wrote to him, and occasionally...

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