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STATE v. McQUILLEN

No. 14168.

345 N.W.2d 867 (1984)

STATE of South Dakota, Plaintiff and Appellee, v. Daniel Robert McQUILLEN, Defendant and Appellant.

Supreme Court of South Dakota.

Decided March 21, 1984.

Attorney(s) appearing for the Case

Steven R. Binger, Minnehaha County, Deputy State's Atty., Sioux Falls, for plaintiff and appellee.

Kevin E. Looby, Public Defender's office, Sioux Falls, for defendant and appellant.

DUNN, Justice.

This is an appeal from a judgment of conviction for first-degree rape, pursuant to SDCL 22-22-1(1). We affirm.

Sometime in the early morning hours of September 12, 1982, D.W., a twelve-yearold female, was waiting on a Sioux Falls, South Dakota, street corner for newspapers to be delivered to her so she could begin her regular paper route. Daniel Robert McQuillen (appellant) approached her on foot, grabbed her from behind, forced her across the...

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