State v. Grey Owl

*802HENDERSON, Justice.

ACTION

Melvin Grey Owl (appellant) appeals from a judgment of conviction, based on a jury verdict, of attempted rape and attempted incest. We affirm.

PROCEDURAL HISTORY

This case is before us for the second time. In State v. Grey Owl, 295 N.W.2d 748 (S.D.1980) (hereinafter referred to as Grey Owl I) we reversed appellant’s conviction of attempted rape and attempted incest because the trial court failed to instruct the jury with respect to the impeachment of the victim’s testimony by a prior inconsistent statement.

Appellant was subsequently retried on the same charges. Again,…