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STATE v. SIMONS

No. 13170.

313 N.W.2d 465 (1981)

STATE of South Dakota, Plaintiff and Appellee, v. James Michael SIMONS, Defendant and Appellant.

Supreme Court of South Dakota.

Decided December 16, 1981.

Attorney(s) appearing for the Case

Leann Larson Finke, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Mark V. Meierhenry, Atty. Gen., Pierre, on the brief.

Keith R. Strange of Strange & Strange, and Chris M. Beasley, Legal Intern, Sioux Falls, for defendant and appellant.

MORGAN, Justice.

This appeal stems from the jury conviction of James Michael Simons (appellant) for manslaughter in the second degree, SDCL 22-16-20, and commission of a felony while armed, SDCL 22-14-13.1 Originally, the State charged appellant with murder, SDCL 22-16-4 and commission of a felony while armed. The trial court imposed consecutive sentences each for the maximum term. On appeal, appellant claims the trial judge erred by admitting...

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