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STATE v. CARLSON

No. 12986.

305 N.W.2d 675 (1981)

STATE of South Dakota, Plaintiff and Appellee, v. Gary D. CARLSON, Defendant and Appellant.

Supreme Court of South Dakota.

Decided May 6, 1981.

Attorney(s) appearing for the Case

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

T. R. Pardy, Mumford, Protsch, Sage & Pardy, Howard, for defendant and appellant.

PER CURIAM.

Appellant was charged with aggravated assault and resisting arrest. He was convicted of simple assault and resisting arrest. We reverse and remand for new trial.

On December 23, 1978, appellant's mother called the Mitchell police station and asked the police to go to her home and talk to appellant. Two policemen went to the Carlson home; appellant answered the door. The policemen testified that they entered the house after appellant opened the...

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