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STATE v. BRUGIER

No. 12708.

286 N.W.2d 1 (1979)

STATE of South Dakota, Plaintiff and Respondent, v. James Edward BRUGIER, Defendant and Appellant.

Supreme Court of South Dakota.

December 19, 1979.

Attorney(s) appearing for the Case

Richard H. Wendt, Asst. Atty. Gen., Pierre, for plaintiff and respondent; Mark V. Meierhenry, Atty. Gen., Pierre, on brief.

L. A. Weisensee, Sioux Falls, for defendant and appellant; John N. Gridley, III, Sioux Falls, on brief.

WOLLMAN, Chief Justice.

Appellant was convicted of aggravated assault after allegedly hitting and breaking the jaw of a woman near Yankton, South Dakota, on July 2, 1978. We affirm.

Appellant contends that the trial court erred in overruling his objection to the presumption of innocence instruction given by the trial court.* Appellant argues that use of the word "until" implies to the jury that the presumption of innocence will...

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