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STATE v. RISTAU

No. 12844.

290 N.W.2d 487 (1980)

STATE of South Dakota, Plaintiff and Respondent, v. Donald RISTAU, Defendant and Appellant.

Supreme Court of South Dakota.

Decided March 26, 1980.

Attorney(s) appearing for the Case

Lori Wilbur, Asst. Atty. Gen., Pierre, for plaintiff and respondent; Mark V. Meierhenry, Atty. Gen., Pierre, on brief.

William J. Srstka, Jr., Duncan, Olinger, Srstka, Lovald & Robbennolt, Pierre, for defendant and appellant; Richard A. Duncan of Duncan, Olinger, Srstka, Lovald & Robbennolt, Pierre, on brief.

FOSHEIM, Justice.

The defendant, Donald Ristau, was charged with two counts of murder. On Count I, the jury returned a verdict of not guilty by reason of insanity. The jury found the defendant not guilty of murder on Count II, but guilty of the lesser included crime of manslaughter in the first degree. The assignments of error relating to the manslaughter conviction raise three issues. We affirm.

The murder charges involve the shooting deaths of the defendant...

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