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APPLICATION OF KISER

No. 10464.

158 N.W.2d 596 (1968)

Application of Melvin KISER for a Writ of Habeas Corpus.

Supreme Court of South Dakota.

May 1, 1968.

Attorney(s) appearing for the Case

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

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

WUEST, Circuit Judge.

The Appellant, Melvin F. Kiser, was charged, tried and found guilty of two counts of grand larceny in the Circuit Court of Codington County, South Dakota. Count One of the Information charged him with stealing "One (1) Remington automatic 12-gauge shotgun" from the Gamble Store of Watertown, South Dakota, on November 17, 1965.

Count Two of the Information charged him with stealing "One (1) Remington automatic, 20-gauge, model 1100 shotgun...

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