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STATE v. BRAMMER

No. 13024.

304 N.W.2d 111 (1981)

STATE of South Dakota, Plaintiff and Appellee, v. James BRAMMER, Defendant and Appellant.

Supreme Court of South Dakota.

Decided April 8, 1981.

Attorney(s) appearing for the Case

Lori S. Wilbur, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Mark V. Meierhenry, Atty. Gen., Pierre, on brief.

Thomas E. Lee, Fort Pierre, Atty. at Law, for defendant and appellant.

MORGAN, Justice.

Appellant was tried before a jury in Lyman County, South Dakota, on four counts:

I. Rape, allegedly occurring on October 8, 1978; II. Sexual contact, allegedly occurring on October 8, 1978; III. Rape, allegedly occurring on October 10, 1978; and IV. Sexual contact, allegedly occurring on October 10, 1978.

The jury acquitted appellant on Counts I and II, but convicted him on Counts III and IV, from which...

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