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STATE v. JANISCH

No. 12859.

290 N.W.2d 473 (1980)

STATE of South Dakota, Plaintiff and Appellee, v. Kenneth JANISCH, Defendant and Appellant.

Supreme Court of South Dakota.

Decided March 26, 1980.

Attorney(s) appearing for the Case

Kevin F. Manson, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Mark V. Meierhenry, Atty. Gen., Pierre, on the brief.

Craig A. Kennedy of Doyle, Bierle & Porter, Yankton, for defendant and appellant.

MORGAN, Justice.

Appellant appeals from a judgment and sentence upon a jury verdict of guilty of aggravated assault under SDCL 22-18-1.1(4). Appellant was sentenced to one year in the South Dakota State Penitentiary with credit given for time served in the Yankton County Jail while awaiting disposition of the case. He alleges insufficiency of the evidence to support the verdict and error due to the trial court's failure to instruct the jury on the definition of "serious...

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