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NACHTIGALL v. ERICKSON

No. 10786.

178 N.W.2d 198 (1970)

John NACHTIGALL, Petitioner, v. Don R. ERICKSON, as the duly appointed, qualified and acting Warden of the South Dakota State Penitentiary, Respondent.

Supreme Court of South Dakota.

June 16, 1970.

Attorney(s) appearing for the Case

David V. Vrooman, Sioux Falls, for petitioner.

Gordon Mydland, Atty. Gen., Walter W. Andre, Asst. Atty. Gen., Pierre, for respondent.

HOMEYER, Judge.

On May 15, 1968, the petitioner, John Nachtigall, pleaded guilty in the circuit court of Minnehaha County to two counts of indecent molestation of a child, SDCL 22-22-7, and attempt to escape, SDCL 24-12-3. He was sentenced to the state penitentiary for a term of five years on each count of indecent molestation and to a term of one year in the county jail for attempted escape, all sentences to run concurrently...

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