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STATE v. SHELL

No. 13099.

301 N.W.2d 669 (1981)

STATE of South Dakota, Plaintiff and Appellee, v. John Louis Iron SHELL, Defendant and Appellant.

Supreme Court of South Dakota.

Decided February 4, 1981.

Attorney(s) appearing for the Case

Mark Smith, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Mark V. Meierhenry, Atty. Gen., Pierre, on brief.

Brent A. Wilbur, May, Adam, Gerdes & Thompson, Pierre, for defendant and appellant.

FOSHEIM, Justice.

Appellant was convicted by a Tripp County jury of simple assault and resisting arrest. This appeal is from the judgment on the verdicts. We affirm.

Early on June 20, 1979, Officer Curtis Blasy of the Winner, South Dakota, Police Department responded to a disturbance report at a local truck stop. Upon his arrival, he found no disturbance, but noticed a parked automobile in which appellant was seated on the passenger side. The officer approached...

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