State v. High Elk

HENDERSON, Justice.

ACTION

Harold Clifford High Elk (appellant) was convicted by a Minnehaha County jury of first-degree rape. Appellant was sentenced to 26 years imprisonment for the rape conviction and on being a habitual criminal. On appeal, appellant contends the trial court erred in denying his motion for a mistrial due to a prejudiced jury and that he was denied equal protection of the law because he was not granted a preliminary hearing. We affirm.

FACTS

Early in July 1979 appellant and his wife were living at the home of Blanche Big Eagle in Sioux Falls. Blanche Big Eagle is the mother of…