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STATE v. BLALACK

No. 16069.

434 N.W.2d 55 (1988)

STATE of South Dakota, Plaintiff and Appellee, v. John BLALACK, Defendant and Appellant.

Supreme Court of South Dakota.

Decided December 14, 1988.

Attorney(s) appearing for the Case

Frank Geaghan, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Roger A. Tellinghuisen, Atty. Gen., Pierre, on the brief.

Jacqueline M. Rasmussen of Nelson and Harding, Rapid City, for defendant and appellant.

WUEST, Chief Justice.

Defendant, John Blalack, appeals his conviction of first degree rape and aiding and abetting in the commission of first degree rape, in violation of SDCL 22-22-11 and SDCL 22-3-3,2 respectively. We affirm.

The victim in this matter is defendant's ex-wife. By placing her in fear of physical harm to her or her son, defendant forced his ex-wife into a sexual encounter involving

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