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PICKERING v. STATE

No. 11949.

260 N.W.2d 234 (1977)

Patrick PICKERING, Petitioner and Appellant, v. STATE of South Dakota, Respondent.

Supreme Court of South Dakota.

December 7, 1977.

Attorney(s) appearing for the Case

Richard F. Staley, Sioux Falls, for petitioner and appellant.

Gene Paul Kean, Minnehaha County State's Atty., Sioux Falls, for respondent.

ANDERST, Circuit Judge.

Defendant appeals from an order denying his petition for post-conviction relief under SDCL 23-52. We affirm.

In May of 1971, appellant was tried and convicted of first degree manslaughter in the death of Lila Mae Scott. The state's principal witness at the trial was Michael Pickering, appellant's younger brother. A summary of the facts relevant to that conviction is set out in State v. Pickering, 87 S.D. 331,

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