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APPLICATION OF ABELT

No. 10343.

145 N.W.2d 435 (1966)

Application of William R. ABELT for a Writ of Habeas Corpus.

Supreme Court of South Dakota.

October 12, 1966.

Attorney(s) appearing for the Case

Carleton R. Hoy, of Davenport, Evans, Hurwitz & Smith, Sioux Falls, for petitioner and appellant.

Frank L. Farrar, Atty. Gen., Walter W. Andre, Asst. Atty. Gen., Pierre, for respondent.

RENTTO, Presiding Judge.

The applicant is serving a life term in the penitentiary under a sentence imposed by the Circuit Court of Harding County on March 16, 1965. His claim in this proceeding is that he was improperly sentenced as an habitual criminal. The trial court concluded that the sentencing court did not have jurisdiction to sentence him to life imprisonment as an habitual criminal, but since that court did have jurisdiction to sentence him for any term not...

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