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STATE v. DEVALL

No. 17559.

489 N.W.2d 371 (1992)

STATE of South Dakota, Plaintiff and Appellee, v. Timothy J. DEVALL, Defendant and Appellant.

Supreme Court of South Dakota.

Decided July 29, 1992.

Rehearing Denied September 3, 1992.

Attorney(s) appearing for the Case

Mark Barnett, Atty. Gen., Sherri Sundem Wald, Asst. Atty. Gen., Pierre, for plaintiff and appellee.

John P. Blackburn and Laura R. Mitchell of Blackburn & Stevens, Yankton, for defendant and appellant.

SABERS, Justice.

Devall claims his rape conviction was based on inadmissible hearsay testimony. We agree. Devall also claims character evidence was improperly admitted. We do not agree.

FACTS

During the 1990 homecoming celebration at the University of South Dakota (U.S.D.), Tim Devall (Devall), a former U.S.D. student, saw T.L., a college acquaintance of three years at a bar in Vermillion, South Dakota...

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