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STATE v. SCHOENWETTER

No. 16567.

452 N.W.2d 549 (1990)

STATE of South Dakota, Plaintiff and Appellee, v. Irvin SCHOENWETTER, Defendant and Appellant.

Supreme Court of South Dakota.

Decided March 7, 1990.

Attorney(s) appearing for the Case

John M. Strohman, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Roger A. Tellinghuisen, Atty. Gen., Pierre, on the brief.

George H. Danforth, Huron, for defendant and appellant.

HENDERSON, Justice.

PROCEDURAL HISTORY/ISSUES

On August 11, 1988, Irvin Schoenwetter (Schoenwetter) was charged by complaint with alternative counts of Rape in the Third Degree (SDCL 22-22-1(6)) or Rape in the First Degree (SDCL 22-22-1(4)) based upon the results of an investigation conducted in part by the South Dakota Department of Social Services. On August 18, 1988, the Beadle County State's Attorney filed application for recordation of testimony by...

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