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STATE v. MORIARTY

No. 17900.

501 N.W.2d 352 (1993)

STATE of South Dakota, Plaintiff and Appellee, v. John Francis MORIARTY, Defendant and Appellant.

Supreme Court of South Dakota.

Decided June 2, 1993.

Attorney(s) appearing for the Case

Mark Barnett, Atty. Gen., Charles D. McGuigan, Asst. Atty. Gen., Pierre, for plaintiff and appellee.

Rita Haverly Allen, Hagen, Wilka, Schreier & Archer, Sioux Falls, for defendant and appellant.

SABERS, Justice.

Defendant, John Francis Moriarty (Moriarty) appeals his conviction of rape in the second degree.

FACTS

On an evening in early May, 1991, S.M.'s mother left for work leaving S.M., a girl age eight, and her two siblings under the care of S.M.'s stepfather, Moriarty. The mother had left Moriarty with instructions to wash S.M.'s hair that evening. According to S.M., when Moriarty took a bath that night, he asked S.M. to get into the...

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