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STATE v. PACHECO

No. 11251.

211 N.W.2d 571 (1973)

STATE of South Dakota, Plaintiff and Respondent, v. Raymond Louis PACHECO, Defendant and Appellant.

Supreme Court of South Dakota.

October 24, 1973.

Attorney(s) appearing for the Case

Michael A. Lyons, Sioux Falls, for defendant and appellant.

Kermit A. Sande, Atty. Gen., Walter W. Andre, Asst. Atty. Gen., Pierre, Gene Paul Kean, State's Atty., Sioux Falls, for plaintiff and respondent.

WINANS, Justice.

The defendant was tried and convicted in the Circuit Court of Minnehaha County on an information charging him with the crime of escape from the state penitentiary in violation of SDCL 24-12-1. He was subsequently sentenced to six months in the state penitentiary following the termination of the judgment and sentence for which he was serving at the time of his escape. He appeals.

The facts relevant to this appeal are virtually undisputed. On...

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