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AUSTIN v. ERICKSON

No. 10898.

195 N.W.2d 395 (1972)

Donna Jean AUSTIN, Plaintiff and Appellant, v. Donald R. ERICKSON, as the duly appointed, qualified and acting Warden of the South Dakota State Penitentiary, Defendant and Respondent.

Supreme Court of South Dakota.

March 7, 1972.

Attorney(s) appearing for the Case

Marvin K. Bailin, Christopherson & Bailin, Sioux Falls, for plaintiff and appellant; Robert Allen Sedler, Lexington, Ky., of counsel.

Gordon Mydland, Atty. Gen., Walter Andre, Asst. Atty. Gen., Roger A. Schiager, Sp. Asst. Atty. Gen., Pierre, for defendant and respondent.

WINANS, Judge.

Donna Jean Austin, plaintiff and appellant in this proceeding, appeals from the judgment of the Circuit Court of the Second Judicial Circuit, Minnehaha County, entered on October 28, 1970, denying her application for a writ of habeas corpus, and quashing the writ. Plaintiff had been convicted by a jury of the offense of first degree manslaughter in the Circuit Court, Seventh Judicial Circuit, Pennington County, on February 23, 1967, and was sentenced...

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