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STATE v. MYERS

No. 11304.

220 N.W.2d 535 (1974)

STATE of South Dakota, Plaintiff and Respondent, v. Morris B. MYERS, Defendant and Appellant.

Supreme Court of South Dakota.

August 2, 1974.

Attorney(s) appearing for the Case

Ellsworth E. Evans, Davenport, Evans, Hurwitz & Smith, Sioux Falls, Joseph M. Butler, Bangs, McCullen, Butler, Foye & Simmons, Rapid City, for defendant and appellant.

William J. Janklow, Asst. Atty. Gen., Pierre, for plaintiff and respondent; Kermit A. Sande, Atty. Gen., George S. Mickelson, William J. Srstka, Jr., Sp. Asst. Attys. Gen., Pierre, on the brief.

WINANS, Justice.

Defendant was indicted by a Grand Jury in Brown County, South Dakota on September 11, 1972. A change of venue was granted to Brookings County, South Dakota, where the trial was held. The indictment contained two separate counts, the second of which was by the circuit court eliminated from consideration by the jury. It will not be considered further.

Count I is in the following language:

"That Morris B. Myers, on or about the 9th day...

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