STATE v. WATKINS

No. 12412.

272 N.W.2d 839 (1978)

STATE of South Dakota, Plaintiff and Respondent, v. Charles Wesley WATKINS, Defendant and Appellant.

Supreme Court of South Dakota.

Decided December 29, 1978.


Attorney(s) appearing for the Case

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

William D. Kenyon, Sioux Falls, for defendant and appellant.


MORGAN, Justice.

This is an appeal from circuit court for the Second Judicial Circuit of a conviction for escape. Appellant contends that he was not allowed the proper number of peremptory jury challenges and that the habitual criminal statute was improperly utilized against him in sentencing. We affirm.

Appellant had been imprisoned in the South Dakota State Penitentiary serving a ten-year sentence for third-degree burglary. One morning appellant was determined...

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