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STATE v. GALATI

No. 14631.

365 N.W.2d 575 (1985)

STATE of South Dakota, Plaintiff and Appellee, v. Charles A. GALATI, Defendant and Appellant.

Supreme Court of South Dakota.

Decided March 27, 1985.

Attorney(s) appearing for the Case

Robert B. Vrooman, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Mark V. Meierhenry, Atty. Gen., Pierre, on the brief.

Timothy J. Vander Heide of Bakewell, Hauge & Vander Heide, Custer, for defendant and appellant.

MORGAN, Justice.

A jury convicted Charles Galati (Galati) on one count of attempted rape in the first degree, pursuant to SDCL 22-22-1(3) and SDCL 22-4-1(4). Galati was sentenced to ten years in the South Dakota State Penitentiary, with six years conditionally suspended. He appeals from the judgment of conviction and we reverse and remand.

Galati, 25-years-old, and the victim, 16-years-old, were guests at a "senior class" party. The victim became intoxicated...

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