State v. Orelup
South Dakota Supreme Court
1Opinion of the Court
MILLER, Chief Justice.
Jason Orelup (Orelup) appeals his conviction for abuse or cruel punishment of a child in violation of SDCL 26-10-1. We affirm.
FACTS
This case comes to us after a retrial of Orelup following this Court’s reversal of his previous conviction in State v. Orelup, 492 N.W.2d 101 (S.D.1992) (Orelup I).
Orelup was accused of kicking his four-year-old son, J;L., in the stomach because the child got up in the middle of the night to get a glass of water when he was supposed to be restricted to his room. On the afternoon of December 11,1990, at the Lutheran Social Services Head Start…
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