State v. Hemmenway

This is a criminal case. The defendant was found guilty of the crime of rape involving a girl under the age of 18 and was sentenced to 15 years imprisonment. His appeal from the judgment is prosecuted by court-appointed counsel who, by appointment, had also represented him at his two trials.

According to the state's evidence, the complaining witness on October 17, 1960, was visiting in the home of a cousin in Rapid City, South Dakota. It was her first occasion to be in the city. Apparently she lived at Wanblee on the Pine Ridge Indian Reservation. About mid-afternoon of that day the defendant,…