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STATE v. JOHNSON

No. 21584.

630 N.W.2d 79 (2001)

2001 SD 80

STATE of South Dakota, Plaintiff and Appellee, v. John Wesley JOHNSON, Defendant and Appellant.

Supreme Court of South Dakota.

June 20, 2001.

Attorney(s) appearing for the Case

Mark Barnett, Attorney General, Patricia Archer, Assistant Attorney General, Pierre, SD, Attorneys for plaintiff and appellee.

Daniel L. Fox, Yankton, SD, Attorney for defendant and appellant.

PER CURIAM.

[¶ 1.] John Wesley Johnson appeals his conviction for third degree rape. Based on juror misconduct, we reverse and remand for a new trial.

FACTS

[¶ 2.] At the time of these events, Johnson was forty-three years of age and the victim was fifteen. On January 31, 1999, a guest at a Super Bowl party the two were attending allegedly caught Johnson in a bedroom having sex with the victim...

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