STATE v. MIER

No. 9311.

55 N.W.2d 74 (1952)

STATE v. MIER.

Supreme Court of South Dakota.

October 13, 1952.


Attorney(s) appearing for the Case

John Carl Mundt, Sioux Falls, for defendant and appellant.

Harry J. Eggen, De Smet, Ronald R. Johnson, De Smet, Ralph A. Dunham, Atty. Gen., Phil Saunders, Asst. Atty. Gen., for plaintiff and respondent.


RUDOLPH, Judge.

The defendant was tried under an information charging an assault with a dangerous weapon. The jury returned a verdict guilty of simple assault and defendant has appealed.

The facts established are as follows, when viewed in the light of the testimony most favorable to the verdict. Defendant had rented a farm from Theodore Johnson. There was no written lease. In August when defendant started combining the grain he called Johnson, advised him...

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