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MAGENTON v. STATE

No. 9594-a.

81 N.W.2d 894 (1957)

Louis P. MAGENTON, Plaintiff and Appellant, v. The STATE of South Dakota and G. Norton Jameson, Warden of the South Dakota State Penitentiary, Defendants and Respondents.

Supreme Court of South Dakota.

March 18, 1957.

Attorney(s) appearing for the Case

E. E. Sullivan, Rapid City, for plaintiff and appellant.

Phil Saunders, Atty. Gen., Benj. D. Mintener, Asst. Atty. Gen., for defendants and respondents.

RENTTO, Judge.

This is a habeas corpus proceeding. The appellant was convicted of manslaughter in the first degree and is now serving his sentence of ten years in the state penitentiary. He was received there on December 22, 1952. After a hearing on the writ the circuit court ordered it quashed and remanded him to the custody of the warden of the penitentiary. He appeals from that judgment.

The application for the writ claims that at the time of his trial...

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