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State v. Shaw
South Dakota Supreme Court
705 N.W.2d 620 (2005)
James Shaw (defendant) was involved in a fight with several coworkers in which a coworker who was a minor was attacked and injured. During a police interview, the minor made statements indicating that one of Shaw’s coworkers, Joseph White Hat, had played a significant role in the attack. Shaw was arrested and charged with aggravated assault and attempted murder of the minor. Shaw claimed that he was a bystander and never had the legal intent necessary for attempted murder. To support his defense, Shaw tried to introduce evidence of the minor’s interview statements that identified White Hat as an attacker. The trial court ruled that the police-interview statements were hearsay and did not admit them. Shaw was convicted of aggravated assault and attempted murder. Shaw appealed, arguing that the minor’s police-interview statements should have been admitted as prior-identification statements.
Rule of Law
Holding and Reasoning (Gilbertson, C.J.)
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