State v. Brammer

MORGAN, Justice.

Appellant was tried before a jury in Lyman County, South Dakota, on four counts:

I.Rape, allegedly occurring on October 8, 1978;

II.Sexual contact, allegedly occurring on October 8, 1978;

III. Rape, allegedly occurring on October 10, 1978; and

IV. Sexual contact, allegedly occurring on October 10, 1978.

The jury acquitted appellant on Counts I and II, but convicted him on Counts III and IV, from which convictions he appealed. We affirm in part, reverse in part, and remand for further proceedings.

The victim, aged twelve, claimed that appellant first forced her to have sex with him…