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STATE v. HOLTRY

No. 13496.

321 N.W.2d 530 (1982)

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

Supreme Court of South Dakota.

Decided July 7, 1982.

Attorney(s) appearing for the Case

Mikal Hanson, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Mark V. Meierhenry, Atty. Gen., Pierre, on brief.

John T. Elston, Asst. Public Defender, Pennington County, Rapid City, for defendant and appellant.

PER CURIAM.

Defendant appeals from a judgment of conviction for rape in the first degree. SDCL 22-22-1. He was sentenced to twenty-five years in the State Penitentiary. We affirm.

Defendant, who was eighteen years old at the time of the offense, was charged with the rape of a twelve-year-old girl. After gaining entry to the girl's trailer home, defendant used a string on the girl's neck, pulling it until she was...

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