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STATE v. BIG CROW

No. 24949.

773 N.W.2d 810 (2009)

2009 SD 87

STATE of South Dakota, Plaintiff and Appellee, v. James BIG CROW, Defendant and Appellant.

Supreme Court of South Dakota.

Decided September 23, 2009.

Attorney(s) appearing for the Case

Marty J. Jackley, Attorney General, John M. Strohman, Assistant Attorney General, Pierre, South Dakota, Attorneys for plaintiff and appellee.

Elizabeth Lorina of Gonzalez Law Firm, Rapid City, South Dakota, Attorneys for defendant and appellant.

ZINTER, Justice.

[¶ 1.] James Big Crow was charged with two counts of incestuous sexual contact involving his niece. After a hearing, the circuit court allowed admission of acts of incestuous sexual contact involving two other nieces. The court admitted the other acts evidence to prove a common plan, design or scheme under SDCL 19-12-5 (Rule 404(b)). The jury convicted and Big Crow appeals.

Facts and Procedural History

[¶ 2.] Big...

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