STATE v. WHITE FACE

No. 26773.

857 N.W.2d 387 (2014)

2014 S.D. 85

STATE of South Dakota, Plaintiff and Appellee, v. Patrick WHITE FACE, Defendant and Appellant.

Supreme Court of South Dakota.

Decided December 10, 2014.


Attorney(s) appearing for the Case

Marty J. Jackley , Attorney General, Patricia Archer , Assistant Attorney General Pierre, South Dakota, for plaintiff and appellee.

Thomas M. Diggins , Pennington County Public Defender's Office, Rapid City, South Dakota, for defendant and appellant.


[¶ 1.] In a case where two separate and distinct incidents of abuse were alleged in a one-count indictment, the jury found Patrick White Face guilty of aggravated child abuse under SDCL 26-10-1. But the jurors were not instructed that to reach a verdict they would have to agree unanimously on at least one of the two allegations...

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