STATE v. PERCY

No. 9956.

117 N.W.2d 99 (1962)

STATE of South Dakota, Plaintiff and Respondent, v. Dale PERCY, Defendant and Appellant.

Supreme Court of South Dakota.

September 28, 1962.


Attorney(s) appearing for the Case

Horace R. Jackson, Rapid City, for defendant and appellant.

A. C. Miller, Atty. Gen., Joseph H. Bottum, III, Asst. Atty. Gen., Pierre, James H. Wilson, State's Attorney, Rapid City, for plaintiff and respondent.


RENTTO, Presiding Judge.

The defendant was convicted of indecently molesting a male child of the age of five years. As authorized by our habitual criminal statute his term of imprisonment was enhanced to twice the maximum—40 years. This appeal from such judgment is prosecuted by counsel appointed by the court but not the same counsel who represented him on the trial, also by court appointment.

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