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STATE v. SHEAR

No. 12950.

295 N.W.2d 176 (1980)

STATE of South Dakota, Plaintiff and Appellee, v. Burton SHEAR, Defendant and Appellant.

Supreme Court of South Dakota.

Decided August 6, 1980.

Attorney(s) appearing for the Case

Michael V. Black, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Mark V. Meierhenry, Atty. Gen., Pierre, on the brief.

Joseph M. Butler of Bangs, McCullen, Butler, Foye & Simmons, Rapid City, for defendant and appellant.

WOLLMAN, Chief Justice.

Appellant appeals from a judgment of conviction on one count of aggravated assault in violation of SDCL 22-18-1.1(1) and one count of simple assault in violation of SDCL 22-18-1. We affirm in part, modify in part and remand.

On the evening of March 12, 1979, appellant and his wife returned from a vacation, arriving at the Rapid City Regional Airport. As the Shears waited in the airport lounge for their baggage to arrive on a later plane...

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