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McMULLEN v. STATE

No. 10720.

173 N.W.2d 499 (1970)

William Glen McMULLEN, Petitioner, v. STATE of South Dakota, Respondent.

Supreme Court of South Dakota.

January 20, 1970.

Attorney(s) appearing for the Case

Duane A. Thurow and Dennis A. Brown, Aberdeen, for petitioner.

Gordon Mydland, Atty. Gen., Walter W. Andre, Asst. Atty. Gen., Pierre, Roger L. Wollman, State's Atty., Aberdeen, for respondent.

BIEGELMEIER, Judge.

It appears that the first informal papers filed in this proceeding were titled "William Glen McMullen, Petitioner, vs. The State of South Dakota, Respondent" and thereafter the papers were titled "State of South Dakota, Plaintiff (or Plaintiff-Respondent), vs. William Glen McMullen, Defendant (or Defendant-Petitioner)", and given the same clerk's filing number as, and filed with, the original criminal action. The Uniform Post-Conviction Procedure...

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