STATE v. BURTTS

No. 10144.

132 N.W.2d 209 (1964)

STATE of South Dakota, Plaintiff and Respondent, v. Harold BURTTS, Defendant and Appellant.

Supreme Court of South Dakota.

December 23, 1964.


Attorney(s) appearing for the Case

Roubideaux, Poches & Reade, Fort Pierre, for defendant and appellant.

Frank L. Farrar, Atty. Gen., L. A. Weisensee, Asst. Atty. Gen., Robert D. Hofer, Hughes County State's Atty., Pierre, for plaintiff and respondent.


HOMEYER, Judge.

Defendant, Harold Burtts, appeals from a judgment of conviction for the crime of assault with a dangerous weapon. SDC 1960 Supp. 13.2404. Numerous errors are assigned involving largely rulings on motions, admission and exclusion of evidence, and instructions to the jury. Such as merit discussion will be referred to after we state the material facts.

During the night of October 11, 1963, defendant and his wife were at a tavern in Pierre where...

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