STATE v. PRESTON

No. 13723.

331 N.W.2d 305 (1983)

STATE of South Dakota, Plaintiff and Appellee, v. Harry Andrew PRESTON, Jr., Defendant and Appellant.

Supreme Court of South Dakota.

Decided March 23, 1983.


Attorney(s) appearing for the Case

Curtis G. Wilson, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Mark V. Meierhenry, Atty. Gen., Pierre, on the brief.

Joseph Neiles, Minnehaha County Public Defender, Sioux Falls, for defendant and appellant.


DUNN, Justice.

This is an appeal from a judgment and sentence for burglary in the first degree pursuant to SDCL 22-32-1 and rape in the first degree pursuant to SDCL 22-22-1(1). We affirm.

In the early morning hours of July 23, 1981, the victim in this case was awakened by the sound of a door being opened. Assuming her boyfriend had arrived to get something, the victim got out of bed and walked toward the kitchen. At that point she saw a man whom she later...

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