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STATE v. KIGGINS

No. 11044.

200 N.W.2d 243 (1972)

STATE of South Dakota, Plaintiff and Respondent, v. Gilbert KIGGINS, Defendant and Appellant.

Supreme Court of South Dakota.

August 30, 1972.

Attorney(s) appearing for the Case

William D. Kenyon, Sioux Falls, for defendant and appellant.

Gordon Mydland, Atty. Gen., Frances M. Niemoller, Asst. Atty. Gen., Pierre, Sam D. Sechser, Deputy State's Atty., Sioux Falls, for plaintiff and respondent.

HANSON, Presiding Judge.

Defendant, Gilbert Kiggins, was found guilty of the crime of escaping from a county jail. He now contends the evidence is insufficient to sustain his conviction under SDCL 24-12-2 which defines the crime charged as follows:

"Every prisoner confined in any prison other than the state penitentiary, or in the custody of any officer or person as a prisoner at any place, who escapes therefrom is punishable by imprisonment in the state...

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