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STATE v. DENNIS

No. 12848.

294 N.W.2d 797 (1980)

STATE of South Dakota, Plaintiff and Appellee, v. Ronald DENNIS, Defendant and Appellant.

Supreme Court of South Dakota.

Decided July 23, 1980.

Attorney(s) appearing for the Case

Margaret Crew, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Mark V. Meierhenry, Atty. Gen., Pierre, on brief.

A. Thomas Pokela of Braithwaite & Cadwell, Sioux Falls, for defendant and appellant.

PER CURIAM.

This is an appeal from a judgment finding the defendant guilty of one count of aggravated assault.

The defendant was an inmate at the South Dakota State Penitentiary. On May 31, 1978, another inmate grabbed the arm of a guard in the control room. The inmate pulled the guard's arm through a window while defendant grabbed his hand and put a cord around it.

Defendant alleges that charging in one count that defendant attempted to and did cause...

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