State v. McDermott
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The Supreme Court affirmed Defendant's conviction of third-degree rape, entered following a jury trial, holding that there was sufficient evidence in the record to sustain the conviction, and therefore, the circuit court did not err in denying Defendant's motion for a judgment of acquittal.
After a jury trial, Defendant was found guilty of third-degree rape and sentenced to ten years in prison with eight years suspended. On appeal, Defendant argued that the evidence did not prove beyond da reasonable doubt that actual penetration occurred, as required by S.D. Codified Laws 22-22-1(3). The Supreme Court affirmed, holding that there was sufficient evidence in the record to support the jury's verdict finding Defendant guilty of third-degree rape.
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