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STATE v. CADY

No. 15769.

422 N.W.2d 828 (1988)

STATE of South Dakota, Plaintiff and Appellee, v. Daniel C. CADY, Defendant and Appellant.

Supreme Court of South Dakota.

Decided April 20, 1988.

Attorney(s) appearing for the Case

Thomas Harmon, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Roger A. Tellinghuisen, Atty. Gen., Pierre, on brief.

Scott D. McGregor of Finch, Viken, Viken & Pechota, Rapid City, for defendant and appellant.

MILLER, Justice.

This is a criminal appeal1 from a jury verdict of guilty and a subsequent judgment of conviction for first-degree rape (SDCL 22-22-1(1)), first-degree burglary (SDCL 22-32-1(2)), and aggravated assault (SDCL 22-18-1.1(5)). We affirm.

FACTS

Daniel Charles Cady (defendant) entered a home without permission of the occupants on the pretext of using the telephone...

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