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STATE v. VARGAS

No. 26885.

869 N.W.2d 150 (2015)

2015 SD 72

STATE of South Dakota, Plaintiff and Appellee, v. Alfredo L. VARGAS, Defendant and Appellant.

Supreme Court of South Dakota.

Decided August 19, 2015.

Attorney(s) appearing for the Case

Marty J. Jackley , Attorney General, Caroline Srstka , Assistant Attorney General, Pierre, South Dakota, Attorneys for plaintiff and appellee.

Jamy Patterson of Pennington County Public Defender's Office, Rapid City, South Dakota, Attorneys for defendant and appellant.

[¶ 1.] A jury found Defendant, Alfredo Vargas, guilty of attempted fetal homicide. He appeals, alleging that attempted fetal homicide is a legal impossibility and that the circuit court made erroneous evidentiary rulings. We reverse.

Background

[¶ 2.] A jury found Defendant guilty of attempted fetal...

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