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STATE v. ERICKSON

No. 10428.

158 N.W.2d 241 (1968)

STATE of South Dakota ex rel. Dale PERCY, Plaintiff and Appellant, v. Don R. ERICKSON, as Duly Appointed, Qualified and Acting Warden of the South Dakota State Penitentiary, Defendant and Respondent.

Supreme Court of South Dakota.

April 26, 1968.

Attorney(s) appearing for the Case

Woods, Fuller, Shultz & Smith, and Timothy J. Nimick, Sioux Falls, for plaintiff and appellant.

Frank L. Farrar, Atty. Gen., Michael Strain, Asst. Atty. Gen., Pierre, Roger Schiager, State's Atty., Minnehaha County, Sioux Falls, for defendant and respondent.

LUND, Circuit Judge.

In 1961, the Defendant Percy was convicted of the crime of indecent molestation of a minor child. For this crime he was sentenced to 40 years in the State Penitentiary under the habitual criminal statute. On appeal his conviction was reversed. State v. Percy, 80 S.D. 1, 117 N.W.2d 99.

Thereafter, in 1963, he was tried and convicted of the crime of kidnapping, arising out of the same transaction for which...

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