STATE v. NACHTIGALL

No. 12791.

296 N.W.2d 530 (1980)

STATE of South Dakota, Plaintiff and Appellee, v. John H. NACHTIGALL, Defendant and Appellant.

Supreme Court of South Dakota.

Decided September 10, 1980.


Attorney(s) appearing for the Case

Lori Wilbur, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Mark V. Meierhenry, Atty. Gen., Pierre, William A. Delaney III, Alexandria, Va., on the brief.

Ronald C. Aho, Brookings, for defendant and appellant.


PER CURIAM.

Defendant appeals from his conviction on a charge of rape in the first degree. We affirm.

On the morning of January 20, 1979, Bonnierose Hilburn awoke to find defendant in bed beside her without any clothes on. She protested and screamed in an attempt to avoid contact with defendant but eventually became exhausted and submitted to the act of sexual penetration.

Defendant did not testify at trial. During his closing argument, defense counsel...

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