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STATE v. WESTPHAL

No. 12422.

273 N.W.2d 155 (1978)

STATE of South Dakota, Plaintiff and Respondent, v. Timothy W. WESTPHAL, Defendant and Appellant.

Supreme Court of South Dakota.

December 29, 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.

Thomas E. Graslie, Buffalo, for defendant and appellant.

PORTER, Justice.

CASE SUMMARY

Defendant was convicted of assault with a dangerous weapon, a .22 caliber revolver, without intent to kill, in violation of SDCL 22-18-11.1 We hold that the evidence was sufficient to prove that the gun allegedly used in the assault was a dangerous weapon. We therefore affirm the judgment of the trial court.

FACTS

On May 23, 1977, at...

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