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STATE v. ZEMINA

No. 10926.

206 N.W.2d 819 (1973)

STATE of South Dakota, Plaintiff and Respondent, v. Fred R. ZEMINA, Defendant and Appellant.

Supreme Court of South Dakota.

Rehearing Denied June 18, 1973.

Attorney(s) appearing for the Case

Charles Rick Johnson, Gregory, for defendant and appellant.

Gordon Mydland, Atty. Gen., David Stanton, Asst. Atty. Gen., Pierre, Mike Grossenburg, State's Atty., Tripp County, Winner, R. James Zieser, Tyndall, for plaintiff and respondent.

WOLLMAN, Justice.

Defendant was charged with murder. He was convicted of the lesser included offense of first degree manslaughter and was sentenced to life imprisonment in the South Dakota State Penitentiary.

The victim of the offense, one Kenneth Fernen (Fernen), resided with his family on a ranch located approximately 15 miles southeast of Mission, South Dakota. Sometime after noon on November 8, 1969, Fernen drove to the nearby Nebraska towns of Kilgore...

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