State v. Orelup

WUEST, Justice.

This appeal arises from a criminal action in which a jury found defendant Orelup (Orelup) guilty on one count of felony abuse or cruelty to a minor in violation of SDCL 26-10-1. We reverse and remand for a new trial.

FACTS

Four-year-old J.L. had lived with his stepmother and his father, Jason Orelup, for approximately six months. On the afternoon of December 11, 1990, J.L. arrived at the Lutheran Social Services Head Start School in Rapid City, South Dakota, complaining of a stomach ache. J.L. was taken to the office of Julie Larson, the registered nurse, where he told her his…