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STATE v. GAYTON

No. 10379.

155 N.W.2d 919 (1968)

STATE of South Dakota, Plaintiff and Respondent, v. Leon GAYTON, Defendant and Appellant.

Supreme Court of South Dakota.

January 24, 1968.

Attorney(s) appearing for the Case

David F. Sieler and R. James Brennan, Pennington County States Atty., Rapid City, and Walter W. Andre, Asst. Atty. Gen., Pierre, for respondent, Frank L. Farrar, Pierre, on the brief.

Frank E. Henderson, Rapid City, for defendant and appellant, Gayton.

BIEGELMEIER, Judge.

Defendant Gayton was charged with the murder of C. F. Thorn. The jury found him guilty of manslaughter in the first degree and he appeals. He also appears in this court by counsel other than the one who represented him in prior proceedings. The facts generally as well as the proceedings taken appear in State v. Buffalo Chief, S.D., 155 N.W.2d 914, decided this day. Gayton was shown to be a weight lifter and athletically...

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