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STATE v. MIDGETT

No. 22857.

680 N.W.2d 288 (2004)

2004 SD 57

STATE of South Dakota, Plaintiff and Appellee, v. Timothy Wayne MIDGETT, Defendant and Appellant.

Supreme Court of South Dakota.

Decided April 28, 2004.

Attorney(s) appearing for the Case

Lawrence E. Long, Attorney General, Frank Geaghan, Assistant Attorney General, Pierre, South Dakota, Attorneys for plaintiff and appellee.

Reed Rasmussen of Siegel, Barnett and Schutz, Aberdeen, South Dakota, Attorneys for defendant and appellant.

ZINTER, Justice.

[¶ 1.] Timothy Midgett was convicted of second degree rape. He appeals1 his conviction and the denial of a motion for new trial. We reverse and remand.

Facts and Procedural History

[¶ 2.] The incident in dispute occurred on March 14, 2002, when K.R.B. was at the apartment of a friend named S.A. K.R.B. planned to stay overnight watching movies, TV, and listening to music. S.A. lived with her...

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