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STATE v. CODY

No. 12572.

293 N.W.2d 440 (1980)

STATE of South Dakota, Plaintiff and Appellee, v. William R. CODY, Defendant and Appellant.

Supreme Court of South Dakota.

Decided June 11, 1980.

Rehearing Denied July 17, 1980.

Attorney(s) appearing for the Case

Brent A. Wilbur, Sp. Asst. to Atty. Gen., for plaintiff and appellee; Lori Wilbur, Asst. Atty. Gen., Mark V. Meierhenry, Atty. Gen., Pierre, on brief.

Lee A. Tappe of Tappe & Vavra, P. C., Platte, for defendant and appellant; Terry L. Pechota, Mission, on brief.

HENDERSON, Justice.

ACTION

Appellant William R. Cody, a/k/a William Weeks, was convicted in a trial by jury of murder and sentenced to life imprisonment. We reverse and remand for a new trial.

FACTS

On February 28, 1978, Cody was arrested in Las Vegas, Nevada, on an unlawful flight warrant issued by a Pennington County Magistrate on a charge of embezzlement and grand larceny. On that same day...

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