STATE v. DOVE

No. 9423.

67 N.W.2d 917 (1955)

STATE of South Dakota, Plaintiff and Respondent, v. Hugo Arthur DOVE, also known as Arthur H. Stone, Defendant and Appellant.

Supreme Court of South Dakota.

January 6, 1955.


Attorney(s) appearing for the Case

O. E. Beardsley and W. A. Hackett, Watertown, for appellant.

Ross H. Oviatt, State's Atty., Watertown, Ralph A. Dunham, Atty. Gen., and E. D. Barron, Asst. Atty. Gen., for State of South Dakota, respondent.


LEEDOM, Presiding Judge.

Appellant is under sentence of death on conviction of the crime of first degree kidnaping. The statute under which he was tried provides a minimum penalty of hard labor in the state penitentiary for life and a maximum penalty of death. On the recommendation of the jury as to which penalty should be imposed, as required by the statute, the trial judge imposed the death sentence on the jury's verdict of guilty.

The conviction grew out...

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