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STATE v. BALE

No. 18285.

512 N.W.2d 164 (1994)

STATE of South Dakota, Plaintiff and Appellant, v. David BALE, Defendant and Appellee.

Supreme Court of South Dakota.

Decided February 16, 1994.

Attorney(s) appearing for the Case

Mark Barnett, Atty. Gen., Joan Boos Schueller, Asst. Atty. Gen., Pierre, for plaintiff and appellant.

Robin Zephier, Pennington County Public Defender's Office, Rapid City, for defendant and appellee.

AMUNDSON, Justice.

The State of South Dakota appeals from an order dismissing without prejudice the information filed against David Bale (Bale) on the grounds that the statutory authority and factual background did not constitute the crime of third degree rape (incest). We affirm.

FACTS

The facts are not in dispute. Between November 1, 1991 through January 1992, Bale engaged in sexual intercourse with his adopted daughter, A.B., who was 19 years...

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