Legal Opinion
State v. Bale
South Dakota Supreme Court
Decided February 16, 1994No. 18285PublishedCited by 10 opinions
1Opinion of the Court
AMUNDSON, Justice.
The State of South Dakota appeals from an order dismissing without prejudice the information filed against David Bale (Bale) on the grounds that the statutory authority and factual background did not constitute the crime of third degree rape (incest). We affirm.
FACTS
The facts are not in dispute. Between November 1, 1991 through January 1992, Bale engaged in sexual intercourse with his adopted daughter, A.B., who was 19 years of age or older at the time.
The information filed against Bale provided, in part that:
BALE did commit the public offense of THIRD DEGREE RAPE (ALSO…
2Cases cited4 opinions
- State v. FryerSouth Dakota Supreme Court · 1993
- In Re BourneMichigan Supreme Court · 1942
- Bohall v. StateIndiana Supreme Court · 1989
- Hendry v. StateDistrict Court of Appeal of Florida · 1990
3Cited by10 opinions
- United States v. William T. CarterCourt of Appeals for the Eighth Circuit · 2005
- State v. Tho Ngoc NguyenSouth Dakota Supreme Court · 1997
- State v. CameronSouth Dakota Supreme Court · 1999
- Beam v. StateDistrict Court of Appeal of Florida · 2009
- People of Michigan v. John Antonya MossMichigan Supreme Court · 2022
5 more not listed; retrieve them via the Exa API.