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STATE v. MORAN

No. 22188.

657 N.W.2d 319 (2003)

2003 SD 14

STATE of South Dakota, Plaintiff and Appellee, v. Douglas Q. MORAN, Jr., Defendant and Appellant.

Supreme Court of South Dakota.

Decided February 5, 2003.

Rehearing Denied March 10, 2003.

Attorney(s) appearing for the Case

Lawrence E. Long, Attorney General, Ann C. Meyer, Assistant Attorney General Pierre, South Dakota, Attorneys for plaintiff and appellee.

Terry L. Pechota of Viken, Viken, Pechota, Leach & Dewell, LLP, Rapid City, South Dakota, Attorneys for defendant and appellant.

GILBERTSON, Chief Justice.

[¶ 1.] Defendant Douglas Q. Moran, Jr. (Moran) appeals from his conviction of Rape in the Second Degree and Aggravated Assault. We affirm.

FACTS AND PROCEDURE

[¶ 2.] The following version of the facts is what T.B., the victim in this case, testified to at trial. On April 5, 2001, T.B. was visiting friends and drinking beer at Moran's residence in Mission, South Dakota...

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