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STATE v. HARTMAN

No. 11902.

256 N.W.2d 131 (1977)

STATE of South Dakota, Plaintiff and Respondent, v. Bruce HARTMAN, Defendant and Appellant.

Supreme Court of South Dakota.

July 7, 1977.

Attorney(s) appearing for the Case

John P. Guhin, Asst. Atty. Gen., Pierre, for plaintiff and respondent; William J. Janklow, Atty. Gen., Pierre, on the brief.

T. R. Pardy of Mumford, Protsch, Sage & Pardy, Howard, for defendant and appellant.

ZASTROW, Justice.

The defendant, Bruce Hartman, appeals from his conviction of second degree manslaughter under SDCL 22-16-21 (hereinafter referred to as "DWI manslaughter") for the death of Beverly Schulte in a traffic accident.

On September 11, 1975, the decedent was a passenger in an automobile owned and operated by the defendant. The one-car accident occurred on Highway 37 as the defendant drove north from Mitchell, South Dakota, and crossed a bridge near...

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