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State v. Charger
South Dakota Supreme Court
611 N.W.2d 221 (2000)
- Written by Sean Carroll, JD
Facts
Leon Charger (defendant) was charged with illegal sexual conduct with the daughters of Jacqueline Swimmer. Prior to Charger’s trial for that charge, he paid a friend, Leon Norman, to call Swimmer and tell her that if she testified against him, she would be arrested. Norman made the call but actually reached and spoke to Swimmer’s sister-in-law, Jacalyn Hagans. Charger was charged with witness tampering. At the witness-tampering trial, the prosecution (plaintiff) called Hagans to testify about Norman’s out-of-court statements to her. Charger was convicted, and he appealed, arguing that Norman’s statements to Hagans constituted inadmissible hearsay.
Rule of Law
Issue
Holding and Reasoning (Gilbertson, J.)
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