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STATE v. WERNER

No. 9836.

105 N.W.2d 668 (1960)

STATE of South Dakota, Plaintiff and Respondent, v. Eugene A. WERNER, also known as Francis Paul Smith, Defendant and Appellant.

Supreme Court of South Dakota.

November 1, 1960.

Attorney(s) appearing for the Case

George D. Weisensee, Sioux Falls, for defendant and appellant.

Parnell J. Donohue, Atty. Gen., Marshall M. Gerken, Asst. Atty. Gen., William Clayton, State's Atty., Sioux Falls, for plaintiff and respondent.

BIEGELMEIER, Judge.

On August 17, 1958 defendant escaped from the State Penitentiary while serving a five-year sentence on eight counts of grand larceny. He was later apprehended and returned to the penitentiary. On September 8, 1958 a preliminary complaint was filed against him in the Municipal Court at Sioux Falls, South Dakota, charging him with the crime of escape. He appeared with an attorney and on October 30, 1958 was bound over to the next term of the circuit...

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