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STATE v. JENNER

Nos. 16211, 16240.

451 N.W.2d 710 (1990)

STATE of South Dakota, Plaintiff and Appellee/Cross-Appellant, v. Debra Sue JENNER, Defendant and Appellant/Cross-Appellee.

Supreme Court of South Dakota.

Decided February 14, 1990.

Rehearing Denied March 26, 1990.

Attorney(s) appearing for the Case

David R. Gienapp of Arneson, Issenhuth & Gienapp, Madison, for defendant and appellant/cross-appellee, William E. Matheson, Sioux Falls, on the brief.

John W. Bastian, Asst. Atty. Gen., Pierre, for plaintiff and appellee/cross-appellant, Roger A. Tellinghuisen, Atty. Gen., on the brief.

HENDERSON, Justice (on reassignment).

PROCEDURAL HISTORY/ISSUES

This criminal case arose after the body of a three and a half year old girl, Abby Jenner (Abby) was discovered mutilated and stabbed to death in her bed on April 5, 1987. Evidence indicates she tried to ward off her attacker. The Beadle County Grand Jury issued an indictment charging Abby's mother, Debra Sue Jenner (Debra), with one count of second degree murder (SDCL 22-16-7) and one count...

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