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STATE v. SHEPLEY

No. 16112.

440 N.W.2d 294 (1989)

STATE of South Dakota, Plaintiff and Appellee, v. Sammy B. SHEPLEY, Jr., Defendant and Appellant.

Supreme Court of South Dakota.

Decided April 26, 1989.

Attorney(s) appearing for the Case

Wade A. Hubbard, Asst. Atty. Gen., (Roger A. Tellinghuisen, Atty. Gen., on the brief), Pierre, for plaintiff and appellee.

Patrick M. Schroeder, Minnehaha County Public Defender, Sioux Falls, for defendant and appellant.

WUEST, Chief Justice.

Defendant, Sammy B. Shepley, Jr., was convicted of first degree rape. Following his conviction, defendant filed a motion for a mistrial and a motion for a new trial. These motions were based upon two comments allegedly made by the assistant state's attorney during closing argument. The trial court denied both motions. Defendant now appeals to this court, contending that the trial court erred in denying his motion for a mistrial and in refusing...

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