State v. Battest

HENDERSON, Justice.

ACTION

This is a criminal action in which Gene Battest (appellant) was convicted of aggravated assault in violation of SDCL 22-18-1.1 and sentenced to four years in the state penitentiary. Battest appeals alleging errors listed and discussed below. We affirm.

FACTS

On May 15, 1979, appellant returned to Aberdeen, South Dakota, from Minneapolis, Minnesota, pursuant to his occupation as a truck driver. Appellant picked up the victim, Barry Vossler, from the babysitter at approximately 8:00 p. m. on May 15, 1979. Barry and his mother, Brenda Vossler, both lived with appellant.…