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STATE v. BREWER

No. 10981.

197 N.W.2d 409 (1972)

STATE of South Dakota, Plaintiff and Respondent, v. Leonard Franklin BREWER, a/k/a L. F. Brewer, Defendant and Appellant.

Supreme Court of South Dakota.

Decided May 9, 1972.

Attorney(s) appearing for the Case

C. J. Kelly, Asst. Atty. Gen., Pierre, S. D., argued the cause for plaintiff and respondent; Gordon Mydland, Atty. Gen., Pierre, on the brief.

Dennis A. Brown, Aberdeen, argued the cause for defendant and appellant.

BIEGELMEIER, Judge.

Defendant appeals from a sentence founded on a jury verdict of guilty of obtaining money by false pretenses on a check dated June 3, 1970. Appointed counsel, who appeared for defendant at the trial, has presented three assignments of error and listed and presented seven as advanced by defendant. Defendant excepted to the emphasized part of the following instruction given by the court:

"By reasonable doubt of guilt is meant doubt of guilt...

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