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THWING v. STATE OF SOUTH DAKOTA

No. 72-1489.

470 F.2d 351 (1972)

Robert E. THWING, Appellant, v. STATE OF SOUTH DAKOTA, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided December 18, 1972.

Attorney(s) appearing for the Case

Timothy Nimick, Sioux Falls, S. D., for appellant.

Gordon Mydland, Atty. Gen., and Thomas R. Vickerman, Asst. Atty. Gen., Pierre, S. D., for appellee.

Before MEHAFFY, BRIGHT and STEPHENSON, Circuit Judges.

PER CURIAM.

Robert E. Thwing, appellant, on November 13, 1951 abducted a young country school teacher and raped her. Three days thereafter Thwing voluntarily surrendered at Brookings, South Dakota where he was charged with rape and kidnapping. On the same day, November 13, 1951, Thwing murdered his uncle, Harvey Burr, and on April 8, 1952 was put to trial on the murder charge and was sentenced to a term of 99 years. The state officials were meticulous both in selecting...

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