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STATE EX REL. WESTON v. ERICKSON

Nos. 11071, 11072.

201 N.W.2d 861 (1972)

STATE of South Dakota ex rel. Harvel Dean WESTON, Plaintiff and Appellant, v. Don R. ERICKSON, Warden of the South Dakota State Penitentiary, Defendant and Respondent. STATE of South Dakota ex rel. Robert Keith PALMER, Plaintiff and Appellant, v. Don R. ERICKSON, Warden of the South Dakota State Penitentiary, Defendant and Respondent.

Supreme Court of South Dakota.

November 7, 1972.

Attorney(s) appearing for the Case

Woods, Fuller, Shultz & Smith, and John E. Simko, Sioux Falls, for plaintiffs and appellants.

Gordon Mydland, Atty. Gen., William J. Srstka, C. J. Kelly, Asst. Attys. Gen., Pierre, for defendant and respondent.

WINANS, Judge.

The captioned cases have been consolidated for appeal. The appeal is from the refusal of the circuit court to grant relief under a writ of habeas corpus to each of the appellants based upon his individual allegation that the plea of guilty entered in such criminal action was the result of coercion.

In September of 1969 in Brookings County, South Dakota, appellants were charged with two felony counts, burglary in the third degree and grand larceny...

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