State v. Rome

MORGAN, Justice.

Defendant and appellant, Anthony Rome, Sr. (Anthony), was found guilty by the trial court of taking a minor child from the custodial parent, in violation of SDCL 22-19-9 and 22-19-10.* Anthony was sentenced to five years in the South Dakota Penitentiary, execution of sentence suspended upon his compliance with certain conditions of probation. Anthony appeals. We reverse and remand.

Anthony raises four issues on appeal. First, whether justification/necessity is a proper defense to the crime of childnapping and, if so, whether the trial court’s denial of the presentation of such…