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STATE v. SCHUSTER

No. 17855.

502 N.W.2d 565 (1993)

STATE of South Dakota, Plaintiff and Appellee, v. Shawn SCHUSTER, Defendant and Appellant.

Supreme Court of South Dakota.

Decided June 23, 1993.

Attorney(s) appearing for the Case

Mark Barnett, Atty. Gen. and Scott Bogue, Asst. Atty. Gen., Pierre, for plaintiff and appellee.

Leah C. Piersol, Deadwood, for defendant and appellant.

AMUNDSON, Justice.

Shawn Schuster (Schuster) appeals from his conviction of felony rape as defined in SDCL 22-22-1(2).1 We affirm.

FACTS

On Friday, May 10, 1991, twenty-three year old Schuster drove sixteen-year old D.T., her boyfriend Brian Meyers (Meyers), and Norman Schnitger (Schnitger) to a party at Orman Dam. Although D.T. was sixteen years old, the evidence showed her...

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