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STATE v. HENRY

No. 19184.

554 N.W.2d 472 (1996)

1996 SD 108

STATE of South Dakota, Plaintiff and Appellee, v. Timothy HENRY, Defendant and Appellant.

Supreme Court of South Dakota.

Decided August 28, 1996.

Attorney(s) appearing for the Case

Mark Barnett, Attorney General, Tony L. Portra, Assistant Attorney General, Pierre, for plaintiff and appellee.

Robert L. Spears, Spears Law Office, Watertown, for defendant and appellant.

SABERS, Justice.

[¶ 1] After two jury trials resulting in hung juries, Henry was convicted of two counts of first-degree rape and three counts of second-degree rape. Henry appeals. We affirm.

FACTS

[¶ 2] Timothy Henry (Henry) lived with his wife, Vicki Clark, their son, and her son in Henry, South Dakota. Vicki's son was born in September 1981, before she met Henry. Vicki and Henry were married in November 1983. Their son was born in February...

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