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STATE EX REL. CONDON v. ERICKSON

No. 10767.

182 N.W.2d 304 (1970)

STATE of South Dakota, ex rel. Tilden Louis CONDON, Plaintiff and Appellant, v. Don R. ERICKSON, Warden of the South Dakota State Penitentiary, Defendant and Respondent.

Supreme Court of South Dakota.

December 15, 1970.

Attorney(s) appearing for the Case

Woods, Fuller, Shultz & Smith, John E. Simko, Jr., Sioux Falls, for appellant.

Gordon Mydland, Atty. Gen., Leonard E. Andera, Asst. Atty. Gen., Pierre, for respondent.

HOMEYER, Judge.

This is an appeal from the judgment of the circuit court of Minnehaha County which quashed petitioner's writ of habeas corpus brought to compel his release from the custody of the respondent. The petitioner, Tilden Louis Condon, on August 12, 1965, was convicted of first degree rape upon his plea of guilty and sentenced to a term of 15 years in the state penitentiary by the circuit court of Dewey County. He is an Indian, 23 years of age at the time...

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