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STATE v. RICKETTS

No. 13940.

333 N.W.2d 827 (1983)

STATE of South Dakota, Plaintiff and Appellant, v. William RICKETTS, Defendant and Appellee.

Supreme Court of South Dakota.

Decided May 11, 1983.

Attorney(s) appearing for the Case

Larry F. Hosmer, Yankton County State's Atty., Yankton, for plaintiff and appellant.

John R. Kabeiseman of Brady, Kabeiseman, Reade, Abbott & Johnson, Yankton, for defendant and appellee; Michael E. Ridgway of Brady, Kabeiseman, Reade, Abbott & Johnson, Yankton, on brief.

WOLLMAN, Justice.

This is an appeal from an intermediate order denying the State's motion for permission to introduce evidence regarding another offense. We affirm.

Defendant was charged with attempted rape on July 12, 1982, based upon a June 23, 1982, incident. The trial was scheduled to begin on September 30, 1982. On September 21, 1982, defendant filed a motion pursuant to SDCL 23A-8-3 to suppress an out-of-court identification made by the complaining witness...

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