State v. Henry

SABERS, Justice.

[¶ 1] After two jury trials resulting in hung juries, Henry was convicted of two counts of first-degree rape and three counts of second-degree rape. Henry appeals. We affirm.

FACTS

[¶ 2] Timothy Henry (Henry) lived with his wife, Vicki Clark, their son, and her son in Henry, South Dakota. Vicki’s son was born in September 1981, before she met Henry. Vicki and Henry were married in November 1983. Their son was bom in February 1985.

[¶3] On August 4, 1998, Henry and the two boys were working on a car when Henry found a letter written by Vicki to another man. He confronted her with…