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STATE v. ERICKSON

No. 10357.

155 N.W.2d 313 (1967)

STATE of South Dakota ex rel. Joe PEKAREK, Sr., Plaintiff and Appellant, v. Don R. ERICKSON, Warden of the South Dakota Penitentiary, Defendant and Respondent.

Supreme Court of South Dakota.

December 27, 1967.

Attorney(s) appearing for the Case

Morris Myers, Aberdeen, for plaintiff and appellant.

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

ROBERTS, Judge.

Appellant entered a plea of guilty to an information in which he was charged with indecent molestation of a girl, age eleven. Judgment was entered on the plea and accused was sentenced to the penitentiary for a term of five years. An application to withdraw his plea of guilty was overruled and the ruling was affirmed on appeal. State v. Pekarek, S.D., 148 N.W.2d 328.

Appellant sought through his present counsel...

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