State v. Grey Owl

HENDERSON, Justice.

ACTION

Melvin Grey Owl (appellant) was convicted by a Hughes County jury on September 24, 1979, of attempted rape and attempted incest. Grey Owl appeals from the judgment of conviction. We reverse.

FACTS

Victoria Walking Bull, the victim, age 25, is the niece of appellant. Evidence at trial established that since her father’s death, she had become close to appellant. She visited with appellant, wrote to him, and occasionally resided at his home and appellant occasionally resided at her home. The victim is married, has four children between the ages of seven years and four…