STATE v. SMITH

No. 20384.

599 N.W.2d 344 (1999)

1999 SD 83

STATE of South Dakota, Plaintiff and Appellee, v. Bruce Edgar SMITH, Sr., Defendant and Appellant.

Supreme Court of South Dakota.

Decided June 30, 1999.


Attorney(s) appearing for the Case

Mark Barnett, Attorney General, Frank Geaghan, Assistant Attorney General, Pierre, for plaintiff and appellee.

Thomas E. Adams, Deadwood, for defendant and appellant.


GILBERTSON, Justice

[¶ 1.] Bruce Edgar Smith, Sr., (Smith) was indicted on twenty-five counts of rape in violation of SDCL 22-22-1(2) (forcible rape) or in the alternative rape in violation of SDCL 22-22-1(5) (statutory rape) and sexual contact with a minor in violation of SDCL 22-22-7 and SDCL 22-4-1. Following a jury trial, he was found guilty of eighteen counts of forcible rape. Smith appeals. We affirm.

FACTS AND PROCEDURE

[¶ 2.] Smith...

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