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STATE v. LASSITER

No. 22854.

692 N.W.2d 171 (2005)

2005 SD 8

STATE of South Dakota, Plaintiff and Appellee, v. John Thomas LASSITER, Defendant and Appellant.

Supreme Court of South Dakota.

Decided January 12, 2005.

Attorney(s) appearing for the Case

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

Robert T. O'Keefe of Tinan, Smith & Bucher, Mitchell, South Dakota, Attorneys for defendant and appellant.

KONENKAMP, Justice.

[¶ 1.] In this appeal, we confront the problem of when prior act evidence may be used to show modus operandi or motive in order to prove identity. A man entered the home of Scott Davis and assaulted him. At the time, Davis had a relationship with Brenda Tobin. Defendant, John Lassiter, Tobin's former boyfriend, was charged with the assault. At trial, defendant denied involvement in the incident and offered an alibi. To prove that defendant...

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