STATE v. ORELUP

No. 18385.

520 N.W.2d 898 (1994)

STATE of South Dakota, Plaintiff and Appellee, v. Jason C. ORELUP, Defendant and Appellant.

Supreme Court of South Dakota.

Decided August 17, 1994.


Attorney(s) appearing for the Case

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

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


MILLER, Chief Justice.

Jason Orelup-(Orelup) appeals his conviction for abuse or cruel punishment of a child in violation of SDCL 26-10-1. We affirm.

FACTS

This case comes to us after a retrial of Orelup following this Court's reversal of his previous conviction in State v. Orelup, 492 N.W.2d 101 (S.D.1992) (Orelup I).

Orelup was accused of kicking his four-year-old son, J.L., in the stomach...

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