MILLER v. STATE

No. 14123.

344 N.W.2d 78 (1984)

John E. MILLER, Petitioner and Appellant, v. STATE of South Dakota, Respondent and Appellee.

Supreme Court of South Dakota.

Decided January 25, 1984.


Attorney(s) appearing for the Case

John E. Miller, Sioux Falls, pro se.

James D. Leach, Rapid City, for petitioner and appellant.

Thomas H. Harmon, Asst. Atty. Gen., Pierre, for respondent and appellee; Mark V. Meierhenry, Atty. Gen., Pierre, on brief.


MORGAN, Justice.

This appeal arises from a petition for post-conviction relief filed by appellant John Miller (Miller). The trial court denied relief and Miller appeals. We affirm.

On October 24, 1975, Miller was charged with second-degree rape and assault with a dangerous weapon in the beating and rape of a Rapid City woman (victim). In the attack, the victim also received a knife wound in her hand. Miller was convicted by a jury on December 4, 1975, and...

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