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STATE v. NELSON

No. 11311.

220 N.W.2d 2 (1974)

STATE of South Dakota, Plaintiff-Respondent, v. James LeRoy NELSON, Defendant-Appellant.

Supreme Court of South Dakota.

Rehearing Denied August 16, 1974.

Attorney(s) appearing for the Case

Kermit A. Sande, Atty. Gen., Marvin Truhe, Asst. Atty. Gen., Pierre, for plaintiff-respondent.

Thomson, Wylde, Nordby, Friedberg & Rapport, St. Paul, Minn., Davenport, Evans, Hurwitz & Smith, Sioux Falls, for defendant-appellant.

RENTTO, Judge.*

Defendant James LeRoy Nelson appeals from a judgment entered on a jury verdict finding him guilty of manslaughter in the second degree. It involved the death of Wayne Henry Sherwood, an inmate in the South Dakota penitentiary, on October 4, 1971, from strychnine poisoning. He was sentenced to a term of twenty years to be served concurrently with a prior sentence he was then serving...

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