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STATE v. LUNA

No. 11897.

264 N.W.2d 485 (1978)

STATE of South Dakota, Plaintiff and Respondent, v. Robert G. LUNA, Defendant and Appellant.

Supreme Court of South Dakota.

Decided March 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 the brief.

Ralph C. Hoggatt, Deadwood, for defendant and appellant.

MORGAN, Justice.

The defendant was charged and convicted of driving while under the influence of an alcoholic beverage (DWI) and manslaughter, second degree.

The undisputed facts show that on Sunday, June 22, 1975, the defendant's car while traveling south of Belle Fourche veered onto the right shoulder of the road and slowed down. Then suddenly the car went into a power slide and cut across all four lanes of the highway running into a 1973 Dodge Colt automobile...

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