South Dakota Supreme Court

State of South Dakota, Plaintiff and Appellee v. Troy Dace, Defendant and Appellant

April 27, 19831983 S.D. LEXIS 302

Summary

The court affirmed convictions for attempted rape and aggravated assault, holding that the defendant's voluntary testimony opened the door to questioning about other relevant facts and that the challenged similar-acts evidence was admissible for noncharacter purposes. Although one admitted incident was improperly dissimilar, the error was harmless because it was cumulative. The court also rejected challenges concerning self-incrimination warnings, identification, late witness endorsement, prosecutorial argument, and sufficiency of the evidence.