State v. Antelope

MORGAN, Justice.

A Meade County jury found appellant guilty as charged. The State had charged appellant with first-degree rape in violation of SDCL 22-22-1 and 22-22-7.1. The latter statute, however, is the definition of “sexual contact” as used in SDCL 22-22-7 and has nothing to do with this case. The trial court sentenced appellant to serve fifteen years at the South Dakota State Penitentiary in Sioux Falls. Appellant appealed from the judgment of conviction and sentence.

On September 18,1979, appellant went to Sturgis, South Dakota, with his father who had an appointment at Fort Meade. While…