STATE v. MUHS

No. 10163.

137 N.W.2d 237 (1965)

STATE of South Dakota, Plaintiff and Respondent, v. Alvin Lloyd MUHS, Defendant and Appellant.

Supreme Court of South Dakota.

September 15, 1965.


Attorney(s) appearing for the Case

Dennis R. Padrnos, of Tinan, Carlson & Wuest, Mitchell, S. D., for defendant and appellant.

Frank L. Farrar, Atty. Gen., Robert E. Ruddy, Asst. Atty. Gen., Pierre, S. D., A. H. Shuster, State's Atty., Mitchell, S. D., for plaintiff and respondent.


BIEGELMEIER, Judge.

A jury found defendant guilty of the crime of reckless driving. The court sentence was thirty days in jail and a fine of $500 with the jail sentence suspended. The first assignment of error is based on denial of a motion for a directed verdict of not guilty. A statement of the evidence is therefore appropriate.

It appears defendant was driving in a westerly direction on graveled Highway 36 and...

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