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HIGH ELK v. STATE

No. 14134.

344 N.W.2d 497 (1984)

Harold Clifford HIGH ELK, Petitioner and Appellant, v. STATE of South Dakota, Appellee.

Supreme Court of South Dakota.

Decided February 22, 1984.

Rehearing Denied March 27, 1984.

Attorney(s) appearing for the Case

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

Richard Dale, Asst. Atty. Gen., Pierre, for appellee; Mark V. Meierhenry, Atty. Gen., Pierre, on brief.

WOLLMAN, Justice.

This case is before us for the second time. Petitioner's conviction of first-degree rape was affirmed on direct appeal. State v. High Elk, 298 N.W.2d 87 (S.D.1980). The present appeal is from an order denying petitioner's request for post-conviction relief. We affirm.

A few days prior to July 11, 1979, petitioner and his girlfriend, Rachel, went to Sioux Falls and moved in with Blanche Big Eagle...

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