SPIRIT TRACK v. STATE

No. 12468.

272 N.W.2d 803 (1978)

Benjamin Ralph SPIRIT TRACK, Petitioner and Appellant, v. STATE of South Dakota, Respondent.

Supreme Court of South Dakota.

Decided December 22, 1978.


Attorney(s) appearing for the Case

Stanley E. Whiting of Day & Grossenburg, Winner, for petitioner and appellant.

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


MORGAN, Justice.

This is an appeal from a judgment of the Circuit Court for the Sixth Judicial Circuit denying application for post-conviction relief. Appellant contends that the circuit court erred in ruling that his guilty plea was voluntarily and intelligently given and that his constitutional rights had not been violated by the acceptance of said plea by the trial judge. We reverse.

On June 18, 1975, Benjamin Ralph Spirit Track (appellant) was charged...

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