STATE v. FRENCH

Nos. 18135, 18139.

509 N.W.2d 693 (1993)

STATE of South Dakota, Plaintiff and Appellee, v. Robert A. FRENCH, Defendant and Appellant.

Supreme Court of South Dakota.

Decided December 22, 1993.


Attorney(s) appearing for the Case

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

Rick A. Ribstein of McCann, Martin and McCann, Brookings, for defendant and appellant.


WUEST, Justice.

Defendant Robert French (French) appeals from his conviction of three counts of a Class 6 felony under SDCL 32-4-16, raising two issues: First, that if his actions did constitute a crime, he should have been charged under SDCL 32-5-27, violation of which is a Class 2 misdemeanor; and second, that SDCL 32-4-16 describes a specific intent crime for which the State failed to meet its burden of proof to sustain a conviction under the statute. We affirm...

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