STATE v. BARBER

No. 10470.

158 N.W.2d 870 (1968)

STATE of South Dakota, Plaintiff and Respondent, v. Billy Gene BARBER, Defendant and Appellant.

Supreme Court of South Dakota.

May 13, 1968.


Attorney(s) appearing for the Case

Robert A. Warder, Rapid City, for defendant and appellant.

Frank L. Farrar, Atty. Gen., Thomas R. Vickerman, Asst. Atty. Gen., Pierre, for plaintiff and respondent.


HOMEYER, Judge.

Defendant, Billy Gene Barber, appeals his conviction of the crime of rape in the second degree.

The information charged that on or about March 22, 1967, he wilfully, unlawfully and feloniously accomplished "an act of sexual intercourse with a female named Davine Shangreaux, she not being the wife of the defendant, she being under the age of 18 years, to wit: 15 years of age, and she being prevented from resisting said act by threats of immediate...

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