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MARSHALL v. STATE

No. 12982.

305 N.W.2d 838 (1981)

Richard MARSHALL, Petitioner and Appellant, v. STATE of South Dakota, Appellee.

Supreme Court of South Dakota.

On Reassignment May 20, 1981.

Attorney(s) appearing for the Case

James D. Leach, Rapid City, and Kenneth E. Tilsen, St. Paul, Minn., for petitioner and appellant.

Miles F. Schumacher, Asst. Atty. Gen., Pierre, for appellee; Mark V. Meierhenry, Atty. Gen., Pierre, on brief.

FOSHEIM, Justice (On reassignment).

Petitioner Richard Marshall was convicted of murder on April 6, 1976, and sentenced to life imprisonment. We affirmed that conviction in State v. Marshall, 264 N.W.2d 911 (S.D.1978). On June 15, 1978, petitioner filed a petition for post-conviction relief in the circuit court. This appeal is from an order denying such relief. We affirm.

The evidence shows that Martin Montileaux...

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