State v. Peneaux
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The Supreme Court affirmed in part, reversed in part, and vacated Defendant's conviction of multiple offenses relating to the assault of his ex-wife and his later efforts to get the pending charges dismissed, holding that the circuit court erred in denying Defendant's motion for judgment of acquittal on the charge of engaging in threatening or harassing contact, in violation of S.D. Codified Laws 49-31-31(1).
After a trial, Defendant was found guilty of six counts, including two counts of aggravated assault and threatening or harassing contact. The Supreme Court reversed in part, holding (1) the circuit court did not err by not granting Defendant's motions for judgment of acquittal on the charges of aggravated assault in violation of S.D. Codified Laws 22-18-1.1(1) and S.D. Codified Laws 22-18-1.1(5); but (2) there was insufficient evidence presented to the jury to support a finding of guilt on the charge of engaging in threatening or harassing contact in violation of S.D. Codified Laws 49-31-31(1).
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