STATE v. WITCHEY

No. 15071.

388 N.W.2d 893 (1986)

STATE of South Dakota, Plaintiff and Appellant, v. Joel WITCHEY, Defendant and Appellee.

Supreme Court of South Dakota.

Decided June 11, 1986.

Rehearing Denied July 18, 1986.


Attorney(s) appearing for the Case

Robert Mayer, Asst. Atty. Gen., Pierre, for plaintiff and appellant; Mark V. Meierhenry, Atty. Gen., Pierre, on brief.

George J. Rice, Aberdeen, for defendant and appellee.


FOSHEIM, Chief Justice.

The trial court granted Defendant Joel Witchey's (Defendant) pretrial motion to suppress certain voluntary testimony by Defendant's former wife (wife). We granted an appeal from that intermediate order and now reverse.

In early January of 1985, Defendant was charged with rape in violation of SDCL § 22-22-1. State alleges Defendant forced a young woman to perform oral sex with him after he followed her into an alley near her home...

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