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STATE v. ORELUP

No. 17785.

492 N.W.2d 101 (1992)

STATE of South Dakota, Plaintiff and Appellee, v. Jason Christopher ORELUP, DOB: 06-13-69 PCN#: 2025670, Defendant and Appellant.

Supreme Court of South Dakota.

Decided October 28, 1992.

Attorney(s) appearing for the Case

Mark Barnett, Atty. Gen., Gary Campbell, Asst. Atty. Gen., Pierre, for plaintiff and appellee.

John H. Mairose, Rapid City, for defendant and appellant.

WUEST, Justice.

This appeal arises from a criminal action in which a jury found defendant Orelup (Orelup) guilty on one count of felony abuse or cruelty to a minor in violation of SDCL 26-10-1. We reverse and remand for a new trial.

FACTS

Four-year-old J.L. had lived with his stepmother and his father, Jason Orelup, for approximately six months. On the afternoon of December 11, 1990, J.L. arrived at the Lutheran Social Services Head Start School...

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