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STATE v. LANGE

No. 10311.

152 N.W.2d 635 (1967)

STATE of South Dakota, Plaintiff and Respondent, v. Frank R. LANGE, also known as Francis Roscoe Lange, Defendant and Appellant.

Supreme Court of South Dakota.

September 18, 1967.

Attorney(s) appearing for the Case

Maule, Maule, Day & Maulis, William F. Day, Jr., Winner, for defendant and appellant.

Frank Farrar, Atty. Gen., Walter Andre, Asst. Atty. Gen., Pierre, John J. Simpson, Winner, for plaintiff and respondent.

HOMEYER, Presiding Judge.

Defendant, Frank R. Lange, was charged with and found guilty of manslaughter in the first degree and appeals. He asserts (1) error in refusing to quash the information for failure to properly state the offense (2) insufficiency of the evidence to support the verdict (3) misconduct of the state's attorney, and (4) prejudicial error in receipt of evidence and instructions.

The information charged the defendant on August 3, 1965 "did...

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