STATE v. GROOMS

No. 10825.

186 N.W.2d 889 (1971)

STATE of South Dakota, Plaintiff and Respondent, v. Patrick GROOMS, Defendant and Appellant.

Supreme Court of South Dakota.

May 11, 1971.


Attorney(s) appearing for the Case

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

Ronald Clabaugh of Bangs, McCullen, Butler, Foye & Simmons, Rapid City, for defendant and appellant.


BIEGELMEIER, Judge.

Defendant entered a plea of not guilty to an information charging him with manslaughter in the first degree. A jury found him guilty of manslaughter in the second degree. The evidence of the state was defendant and Artie Janis engaged in a fight or scuffle in a bar in which Janis was the apparent victor. Defendant and his nephew left the bar together. As they went out the owner of the bar told the nephew to go home and forget it to which he answered...

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