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STATE v. KIDD

No. 12576.

286 N.W.2d 120 (1979)

STATE of South Dakota, Plaintiff and Respondent, v. Anthony KIDD, Defendant and Appellant.

Supreme Court of South Dakota.

Decided December 12, 1979.

Attorney(s) appearing for the Case

B. Elizabeth Ganje, Asst. Atty. Gen., Pierre, for plaintiff and respondent; Mark V. Meierhenry, Atty. Gen., Pierre, on brief.

John J. Burnett, Asst. Public Defender, Rapid City, for defendant and appellant.

MORGAN, Justice.

Appellant Kidd was tried in Circuit Court, Seventh Judicial Circuit, on two charges. Count I alleged that he entered a building without permission and Count II alleged simple assault. A jury found him not guilty on the first count and guilty on the second count. Appellant contends the trial court erred in denying his motions for mistrial and in its refusal to grant him a new trial because he was denied...

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