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STATE v. GOODMAN

No. 14895.

384 N.W.2d 677 (1986)

STATE of South Dakota, Plaintiff and Appellee, v. Larry Dale GOODMAN, Defendant and Appellant.

Supreme Court of South Dakota.

Decided March 26, 1986.

Rehearing Denied May 1, 1986.

Attorney(s) appearing for the Case

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

Steven K. Rabuck, of Andera, Rabuck & Smith, Chamberlain, for defendant and appellant.

MILLER, Circuit Judge.

Appellant Larry D. Goodman was convicted of the crime of cruelly punishing a minor, SDCL 26-10-1, and was sentenced to three years in the state penitentiary. We affirm.

FACTS

Appellant occupied a home in Chamberlain, South Dakota, with his girlfriend, Denise Gayken, his eleven-year-old son, Guthrie, and Ms. Gayken's two minor children.

On the night of the offense appellant had been drinking. He had a heated argument...

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