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  5. 628 N.W.2d 734 (2001)
 

STATE v. CHARLES

No. 21526.

628 N.W.2d 734 (2001)

2001 SD 67

STATE of South Dakota, Plaintiff and Appellee, v. Daniel Neil CHARLES a/k/a Daniel Heinzelman a/k/a Daniel Ingalls, Defendant and Appellant.

Supreme Court of South Dakota.

Decided May 30, 2001.

Attorney(s) appearing for the Case

Mark Barnett, Attorney General, Ann C. Meyer, Assistant Attorney General, Pierre, SD, Attorneys for plaintiff and appellee.

Timothy J. Rensch and Patrick K. Duffy, Rapid City, SD, Attorneys for defendant and appellant.

MILLER, Chief Justice.

[¶ 1.] In this appeal, we affirm a conviction of first degree murder and hold that the trial court did not err in denying a motion for judgment of acquittal or in refusing to instruct the jury on mistake of fact.

FACTS

[¶ 2.] Daniel Charles, who was fourteen years of age during the summer of 1999, lived on a ranch near Opal, South Dakota with his stepfather, Duane Ingalls. Charles' mother and Ingalls had divorced...

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