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ASCHMELLER v. STATE OF SOUTH DAKOTA

No. 76-1012.

534 F.2d 830 (1976)

Dale Allan ASCHMELLER, Appellant, v. STATE OF SOUTH DAKOTA, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided April 28, 1976.

Attorney(s) appearing for the Case

Joel T. Hagen, Sioux Falls, S. D., for appellant.

Gene Paul Kean, State's Atty., Minnehaha County, Sioux Falls, S. D., for appellee; William J. Janklow, Atty. Gen., on brief.

Before GIBSON, Chief Judge, ROSS and HENLEY, Circuit Judges.

PER CURIAM.

Dale Allan Aschmeller appeals from an order denying his petition for habeas corpus under 28 U.S.C. § 2254. Aschmeller was convicted in state court of felony murder and the conviction was affirmed by the South Dakota Supreme Court. State v. Aschmeller, 209 N.W.2d 369 (S.D.1973). We affirm the judgment denying habeas relief.

On November 23, 1970, Stella Van Broeke was found dead in the tavern which...

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