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STATE v. WEST

No. 11874.

260 N.W.2d 215 (1977)

STATE of South Dakota, Plaintiff and Appellant, v. Frank WEST, Defendant and Respondent.

Supreme Court of South Dakota.

November 30, 1977.

Attorney(s) appearing for the Case

Thomas J. Welk, Asst. Atty. Gen., Pierre, for plaintiff and appellant; William J. Janklow, Atty. Gen., Pierre, on brief.

Harvey C. Jewett of Siegel, Barnett, Schutz, O'Keefe, Ogborn & Jewett, Aberdeen, James P. Linn of Linn, Helms, Kirk & Burkett, Oklahoma City, Okl., for defendant and respondent.

ZASTROW, Justice.

This is an appeal by the state (pursuant to SDCL 23-51-2(2)) from the trial court's order granting the defendant's motion to compel the election of counts and the defendant's motion to dismiss all charges based upon a former judgment of acquittal. We affirm in part and reverse in part.

The defendant, Frank West (West), was president of American Beef Packers, Inc. (ABP), once the second largest packing company in the United States with assets...

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