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STATE v. ANTELOPE

No. 13156.

304 N.W.2d 115 (1981)

STATE of South Dakota, Plaintiff and Appellee, v. David Earl ANTELOPE, 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 the brief.

Laurence J. Zastrow of Stephens, Quinn, Carr, Tschetter & Buckmaster, Belle Fourche, for defendant and appellant.

MORGAN, Justice.

A Meade County jury found appellant guilty as charged. The State had charged appellant with first-degree rape in violation of SDCL 22-22-1 and 22-22-7.1. The latter statute, however, is the definition of "sexual contact" as used in SDCL 22-22-7 and has nothing to do with this case. The trial court sentenced appellant to serve fifteen years at the South Dakota State Penitentiary in Sioux Falls. Appellant appealed

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