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STATE v. BASHAM

No. 10564.

170 N.W.2d 238 (1969)

STATE of South Dakota, Plaintiff and Respondent, v. Walter Wright BASHAM, Defendant and Appellant.

Supreme Court of South Dakota.

August 13, 1969.

Attorney(s) appearing for the Case

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

Frank L. Farrar, Atty. Gen., Donald Erickson, Asst. Atty. Gen., Pierre, George Weisensee, Deputy State's Atty., Sioux Falls, for plaintiff and respondent.

ROBERTS, Judge.

The defendant, Walter Wright Basham, was convicted of manslaughter in the second degree. His motion for new trial was overruled and he has appealed.

Defendant was charged by information in two counts. Count one charges that defendant on August 20, 1967, while under the influence of intoxicating liquor, without design to effect death operated a motor vehicle upon a public highway in Minnehaha County...

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