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STATE v. THOMAS

No. 14852.

381 N.W.2d 232 (1986)

STATE of South Dakota, Plaintiff and Appellee, v. Eugene J. THOMAS, Defendant and Appellant.

Supreme Court of South Dakota.

Decided January 22, 1986.

Attorney(s) appearing for the Case

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

Richard Braithwaite, Braithwaite Law Offices, Sioux Falls, for defendant and appellant.

HERTZ, Acting Justice.

This is a criminal appeal from a judgment and sentence in Beadle County, entered on a jury verdict, which found the appellant guilty of rape in the third degree and sentenced him to serve a term of ten years in the South Dakota State Penitentiary. We affirm.

On July 31, 1984, Eugene J. Thomas, (Thomas), was charged with three counts of rape pursuant to SDCL 22-22-1(5). The information charged him with raping his step-daughter on three...

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