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STATE v. HART

No. 19167.

544 N.W.2d 206 (1996)

1996 SD 17

STATE of South Dakota, Plaintiff and Appellee, v. William HART, Defendant and Appellant.

Supreme Court of South Dakota.

Decided February 21, 1996.

Attorney(s) appearing for the Case

Mark Barnett, Attorney General, Grant Gormley, Assistant Attorney General, Pierre, for plaintiff and appellee.

Edward G. Albright, Pennington County Public Defender's Office, Rapid City, for defendant and appellant.

KONENKAMP, Justice.

[¶ 1] William Hart appeals his conviction of attempted second degree rape. We affirm.

Facts

[¶ 2] After an evening on the town, drinking and playing pool at various establishments, Hart ended up at the Oasis Bar where he noticed a woman (the eventual victim) vomiting outside. He recognized her because they were neighbors at the Plaza Sands Motel in Rapid City. At approximately 1:30 a.m. on October 1, 1994, Hart and the...

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