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STATE EX REL. BURKE v. ERICKSON

No. 10703.

173 N.W.2d 44 (1969)

STATE of South Dakota ex rel. Robert F. BURKE, Plaintiff and Appellant, v. Don R. ERICKSON, Warden of the South Dakota State Penitentiary, Defendant and Respondent.

Supreme Court of South Dakota.

Rehearing Denied December 31, 1969.

Attorney(s) appearing for the Case

John E. Simko, Jr., Sioux Falls, for plaintiff and appellant.

Leonard E. Andera, Asst. Atty. Gen., Pierre, for defendant and respondent; Gordon Mydland, Atty. Gen., Pierre, on the brief.

BIEGELMEIER, Presiding Judge.

By complaint sworn to July 6, 1967 and filed in municipal court on July 10, 1967, petitioner was charged with embezzlement by a bailee in Pennington County on July 6, 1967 of a Plymouth car contrary to SDC 13.4006. Pursuant to a warrant of arrest, petitioner was apprehended in Utah, returned to Rapid City and counsel, who appeared in all the criminal proceedings, was appointed for him.

A preliminary hearing held November 29, 1967...

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