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STATE v. SPANIOL

27877.

895 N.W.2d 329 (2017)

2017 S.D. 20

STATE of South Dakota, Plaintiff and Appellee, v. Joshua Thomas SPANIOL, Defendant and Appellant.

Supreme Court of South Dakota.

OPINION FILED May 3, 2017.

Attorney(s) appearing for the Case

MARTY J. JACKLEY , Attorney General, CAROLINE SRSTKA , Assistant Attorney General, Pierre, South Dakota, Attorneys for plaintiff and appellee.

TERRY J. SUTTON of SUTTON LAW OFFICES, P.C., Watertown, South Dakota, Attorneys for defendant and appellant.

[¶ 1.] A jury convicted Joshua Spaniol of three counts of first-degree rape and one count of sexual contact with a child under sixteen years of age. Spaniol appeals, alleging the circuit court erred by finding the child competent to testify at trial. After the child testified on direct examination, Spaniol contends the child...

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