STATE v. NEITZEL

No. 11147.

219 N.W.2d 480 (1974)

STATE of South Dakota, Plaintiff and Respondent, v. Dennis NEITZEL, Defendant and Appellant.

Supreme Court of South Dakota.

Rehearing Denied July 30, 1974.


Attorney(s) appearing for the Case

Walter W. Andre, Asst. Atty. Gen., Pierre, for plaintiff and respondent; Gordon Mydland, Atty. Gen., Pierre, and Richard Kolker, State's Atty., Aberdeen, on brief.

Murray Ogborn, Aberdeen, for defendant and appellant.


MANSON, Circuit Judge.

Defendant, convicted of rape in the second degree by a circuit court jury in Brown County, South Dakota, appeals from his sentence.

One of the specifications of error asserts that the trial court erred in permitting amendment of the information. This amendment was sought by the prosecutor to bring the pleading into verbatim conformity with the charging statute. The motion addressed to this end was tendered to the trial court after the...

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