State v. Sprik

An intention of this writing is to keep constitutional rights strong, preserve precedent in this Court, and do justice in the case.

N.G. testified at the Motions Hearing, Preliminary Hearing, and Jury Trial that the act was “continuous.” State is bound by this testimony. Hopfinger v. Leapley, 511 N.W.2d 845 (S.D.1994); State v. Jacobson, 491 N.W.2d 455 (S.D.1992).

Notwithstanding, State tactically saw fit to charge six felonies. A jury heard the evidence and returned one verdict of guilty, Third Degree Rape. Under the FACTS recitation in the majority opinion, the majority writer specifies, as a…