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STATE v. BELT

No. 9910.

111 N.W.2d 588 (1961)

STATE of South Dakota, Plaintiff and Respondent, v. Jonas BELT, Defendant and Appellant.

Supreme Court of South Dakota.

November 14, 1961.

Attorney(s) appearing for the Case

Tom Eastman, Jr., Rapid City, for defendant and appellant.

A. C. Miller, Atty. Gen., Lester H. Herbrandson, Asst. Atty. Gen., Allen G. Wilson, Hot Springs, Lem Overpeck, Belle Fourche, for plaintiff and respondent.

BIEGELMEIER, Judge.

Defendant charged with murder was found guilty of manslaughter in the first degree. The evidence showed Earl Perreault was killed while he and a neighbor were checking on the person who entered the Pete Perreault farm on the afternoon of August 9, 1959, by breaking the padlocked gate and fence. Earl, a brother of Pete Perreault, lived nearby and was in charge of his brother's farm while Pete was on a vacation. The neighbor discovered the entry...

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