State v. Watson

WOLLMAN, Justice.

Defendant appeals from the judgment of conviction entered upon the verdict of a jury which found him guilty on a charge of rape. We reverse and remand for new trial.

The information filed by the state charged that on July 11, 1976, defendant had accomplished an act of sexual penetration with a female person, not his wife, who was then less than sixteen years of age. As then in effect, SDCL 22-22-1 provided:

“Rape is an act of sexual penetration accomplished with any person under any one or more of the following circumstances:

[[Image here]](2) Where the victim is incapable,…