STATE v. SWAN

No. 24621.

753 N.W.2d 418 (2008)

2008 SD 58

STATE of South Dakota, Plaintiff and Appellee, v. Isaac SWAN, Defendant and Appellant.

Supreme Court of South Dakota.

Decided July 2, 2008.


Attorney(s) appearing for the Case

Lawrence E. Long, Attorney General, Frank Geaghan, Assistant Attorney General, Pierre, SD, for plaintiff and appellee.

Matthew J. Kinney of Kinney & Dardis, LLP, Spearfish, SD, for defendant and appellant.


KONENKAMP, Justice.

[¶ 1.] Defendant was convicted of multiple counts of child rape and one count of sexual contact with a child. He now challenges the sufficiency of the evidence, contending that the testimony related to a date not charged in the indictment and the State's proof was too general to support the verdicts. Because defendant has failed to show any unfair consequence from the testimony, we affirm.

Background

[¶ 2.] Isaac Swan...

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