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STATE v. SEIDSCHLAW

Nos. 13094, 13108.

304 N.W.2d 102 (1981)

STATE of South Dakota, Plaintiff and Appellee, v. Thomas D. SEIDSCHLAW, Defendant and Appellant.

Supreme Court of South Dakota.

Decided April 1, 1981.

Attorney(s) appearing for the Case

Steve Miller, Minnehaha County Deputy State's Atty., Sioux Falls, Joaquin K. Hanson, Minnehaha County State's Atty., Sioux Falls, on brief for plaintiff and appellee.

Steven W. Sanford, Cadwell, Brende & Sanford, Sioux Falls, for defendant and appellant.

WOLLMAN, Chief Justice.

Appellant was charged with two counts of murder as the result of an automobile accident. The trial court dismissed the murder counts at the close of the State's case but allowed the case to proceed on two counts of first-degree manslaughter. Appellant was found guilty by a jury on both counts and was sentenced to twenty-five years' imprisonment on each count, the sentences to run consecutively. We reverse and remand.

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