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STATE v. EAKES

No. 11061.

215 N.W.2d 129 (1974)

STATE of South Dakota, Plaintiff and Respondent, v. Norman EAKES, Defendant and Appellant.

Supreme Court of South Dakota.

February 15, 1974.

Attorney(s) appearing for the Case

Woods, Fuller, Shultz & Smith and Timothy J. Nimick, Sioux Falls, for defendant and appellant.

Kermit A. Sande, Atty. Gen., Neil Carsrud, Asst. Atty. Gen., Pierre, for plaintiff and respondent.

PER CURIAM.

In an opinion of this Court on April 5, 1973, reported in 206 N.W.2d 272, the conviction of the defendant Norman Eakes, in the Municipal Court of City of Sioux Falls, South Dakota, was affirmed.

And whereas, in the 1973 Term, the said cause having been submitted to the Supreme Court of the United States on petition for writ of certiorari and response thereto, and the Court having granted the said petition,

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