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STATE v. VIGNA

No. 12066.

260 N.W.2d 506 (1977)

STATE of South Dakota, Plaintiff and Respondent, v. Harley E. VIGNA, Defendant and Appellant.

Supreme Court of South Dakota.

December 14, 1977.

Attorney(s) appearing for the Case

Judith A. Atkinson, Asst. Atty. Gen., Pierre, for plaintiff and respondent; William J. Janklow, Atty. Gen., Pierre, on brief.

Sidney B. Strange of Strange, Breit & Strange, Sioux Falls, for defendant and appellant.

WOLLMAN, Justice.

Defendant was found guilty by a jury on a charge of violating SDCL 23-7-3, which provides:

"No person who has been convicted in this state or elsewhere of a crime of violence shall own a pistol or have one in his possession or under his control. Violation of this section is a felony, and upon conviction thereof, such person shall be sentenced to the penitentiary for a term not to exceed three years, and in addition may be fined not to exceed...

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