STATE v. BIAYS

No. 15331.

402 N.W.2d 697 (1987)

STATE of South Dakota, Plaintiff and Appellee, v. Terry Jean BIAYS, Defendant and Appellant.

Supreme Court of South Dakota.

Decided March 18, 1987.


Attorney(s) appearing for the Case

Clair B. Ledbetter, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Mark V. Meierhenry, Atty. Gen., Pierre, on brief.

Robert A. Haivala of Molstad & Molstad, Sturgis, for defendant and appellant.


HENDERSON, Justice.

CRIMINAL APPEAL/PROCEDURAL BACKGROUND

For purposes of convenience and clarity, we shall refer to defendant-appellant Terry Biays as Biays. Biays was charged by Information with (1) Count I—Aggravated Assault; and (2) Count II—Abuse, Expose, Torture, Torment or Cruelly Punish a Minor. A Meade County jury found her not guilty of Aggravated Assault (skull fracture) but guilty of the above-described Count II (abrasion, bruises...

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