High Elk v. State

WOLLMAN, Justice.

This case is before us for the second time. Petitioner’s conviction of first-degree rape was affirmed on direct appeal. State v. High Elk, 298 N.W.2d 87 (S.D.1980). The present appeal is from an order denying petitioner’s request for post-conviction relief. We affirm.

A few days prior to July 11, 1979, petitioner and his girlfriend, Rachel, went to Sioux Falls and moved in with Blanche Big Eagle and her two children, a twenty-two month-old girl and a nine-month-old boy. * Petitioner, Rachel, Blanche and one Jim Martin were at Blanche’s home drinking much of the day on July 11,…