STATE v. McDERMOTT

#29874.

982 N.W.2d 409 (2022)

2022 S.D. 69

STATE of South Dakota, Plaintiff and Appellee, v. Benjamin McDERMOTT, Defendant and Appellant.

Supreme Court of South Dakota.

OPINION FILED November 16, 2022.


Attorney(s) appearing for the Case

NICOLE J. LAUGHLIN , Sioux Falls, South Dakota, Attorney for defendant and appellant.

MARK VARGO , Attorney General, JACOB R. DEMPSEY , Assistant Attorney General, Pierre, South Dakota, Attorneys for plaintiff and appellee.


[¶1.] Defendant appeals his jury conviction of third-degree rape. He contends that the evidence was insufficient to sustain the conviction because "[t]he DNA evidence raised significant doubt that penetration could have occurred." He thus requests that this Court reverse the circuit court's denial of his motion for judgment...

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