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STATE v. EAGLE HAWK

Nos. 15361, 15362.

411 N.W.2d 120 (1987)

STATE of South Dakota, Plaintiff and Appellee, v. Burton EAGLE HAWK (# 15361) and Mary Ann Spirit Track (# 15362), Defendants and Appellants.

Supreme Court of South Dakota.

Decided August 5, 1987.

Attorney(s) appearing for the Case

Richard D. Coit, Asst. Atty. Gen., Pierre, for plaintiff and appellee State; Mark V. Meierhenry, Atty. Gen., Pierre, on brief.

Joseph E. Ellingson of Tobin Law Office, P.C., Winner, for defendant and appellant Eagle Hawk.

Richard F. Rahn of Grieves & Rahn, Winner, for defendant and appellant Spirit Track.

HENDERSON, Justice.

ACTION/ISSUES

For purposes of clarity and convenience, we shall refer to defendants-appellants Mary Ann Spirit Track and Burton Eagle Hawk as appellants or parents. Both were found guilty of Abuse of or Cruelty to a Minor concerning their three children, Lionel, Malinda, and Burton Spirit Track. They contend the convictions should be reversed and separately raise three common issues in their appeals:

(1) Both appellants were...

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