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STATE v. LOHNES

Nos. 11926, 12090.

266 N.W.2d 109 (1978)

STATE of South Dakota, Plaintiff and Respondent, v. Dale Martin LOHNES, Defendant and Appellant.

Supreme Court of South Dakota.

Decided May 18, 1978.

Attorney(s) appearing for the Case

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

Ronald E. Brodowicz, Rapid City, for defendant and appellant.

CHRISTENSEN, Circuit Judge.

The appellant presents three questions for review on this appeal following the revocation of an order committing him to the state training school under SDCL 26-11-5 and the subsequent imposition of sentence to the penitentiary.

This case, but not the issues involved herein, was before this court in People In Interest of D. M. L., 1977, S.D., 254 N.W.2d 457, in which the court upheld the...

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