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STATE v. JENKINS

No. 12114.

260 N.W.2d 509 (1977)

STATE of South Dakota, Plaintiff and Respondent, v. David E. JENKINS, Defendant and Appellant.

Supreme Court of South Dakota.

December 21, 1977.

Attorney(s) appearing for the Case

Peter H. Lieberman, Asst. Atty. Gen., for plaintiff and respondent; William J. Janklow, Atty. Gen., Pierre, on the brief.

Dale R. Hansen and Bruce A. Hubbard of Morrill & Hansen, Sturgis, for defendant and appellant.

BRAITHWAITE, Circuit Judge.

On April 9, 1976, the body of Gary Oster was found beside a road near Rapid City, South Dakota. Death was by strangulation. Several hours earlier appellant had contacted the police informing them he had been kidnapped by four Indians who got into his vehicle at a stop sign, they forced him to drive them around the countryside for several hours, and during this period they abused him both physically...

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