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BRIM v. STATE

No. 12846.

290 N.W.2d 680 (1980)

Robert T. BRIM, a/k/a Robert T. Mertz, Petitioner and Appellant, v. The STATE of South Dakota, Appellee.

Supreme Court of South Dakota.

Decided April 9, 1980.

Attorney(s) appearing for the Case

David A. Gerdes, May, Adam, Gerdes & Thompson, Pierre, for petitioner and appellant.

Douglas E. Kludt, Stanley County Deputy State's Atty., Fort Pierre, for appellee.

FOSHEIM, Justice.

This is an appeal from the denial of appellant's petition for post-conviction relief under SDCL 23-52. We affirm.

Petitioner was tried for murder in Gettysburg, South Dakota, upon a change of venue from Stanley County. He was convicted by a jury of first-degree manslaughter and was sentenced to a term of life in the South Dakota Penitentiary.

The assignments of error claim that (1) the trial court's decision was unsupported by the...

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