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STATE v. IRON THUNDER

No. 12368.

272 N.W.2d 299 (1978)

STATE of South Dakota, Plaintiff and Respondent, v. Benny IRON THUNDER, Defendant and Appellant.

Supreme Court of South Dakota.

Decided December 7, 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.

John T. Hughes, Sturgis, for defendant and appellant.

MORGAN, Justice.

This is an appeal from the Eighth Judicial Circuit of a conviction for rape and second-degree burglary. Defendant appeals on two principal grounds: (1) The trial court's denial of a motion to suppress an allegedly suggestive photographic lineup and the subsequent in-court identification; and (2) the trial court's failure to either dismiss the case or strike the testimony of two key prosecution witnesses, both of whom invoked the Fifth Amendment during...

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