STATE v. DIEDE

No. 13543.

319 N.W.2d 818 (1982)

STATE of South Dakota, Plaintiff and Appellee, v. Wayne DIEDE, Defendant and Appellant.

Supreme Court of South Dakota.

Decided May 26, 1982.


Attorney(s) appearing for the Case

Douglas E. Kludt, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Mark V. Meierhenry, Atty. Gen., Pierre, on brief.

Thomas M. Tobin of Maynes, Tonner, Maynes & Tobin, Aberdeen, for defendant and appellant.


HERTZ, Circuit Judge.

This is an appeal by defendant and appellant from his conviction of the offense of making unlawful telephone calls. SDCL 49-31-31(4). Two separate informations were filed against appellant charging the same offense, the first by David K. Decker and the second by his wife, Marilyn Decker. These two informations were consolidated for the purposes of trial. On July 15, 1981, the jury found appellant guilty on each charge, and shortly after the verdict...

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