State v. Garza

Appellant, Ruben Garza, was convicted by a jury of two counts of second degree rape and sentenced to two consecutive fifteen year terms in the South Dakota penitentiary. We affirm.

On August 3, 1981, T.N., age eight, and her sister, S.N., age five, reported to their mother that appellant, their stepfather, had been sexually molesting them. That same day their mother took them to Dr. Dale Hogan, a physician, for examination. Dr. Hogan testified at trial that T.N. told him appellant had put his penis in her rectum, vagina, and mouth. When Dr. Hogan asked S.N. where her stepfather had put his…