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STATE v. WALSH

No. 13035.

305 N.W.2d 687 (1981)

STATE of South Dakota, Plaintiff and Appellee, v. Robert Joseph WALSH, Defendant and Appellant.

Supreme Court of South Dakota.

Decided May 6, 1981.

Attorney(s) appearing for the Case

Dennis R. Holmes, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Mark V. Meierhenry, Atty. Gen., Pierre, on the brief.

Timothy J. McGreevy of Dana, Golden, Moore & Rasmussen, Sioux Falls, for defendant and appellant.

DUNN, Justice (on reassignment).

Robert Joseph Walsh (appellant) appeals from a judgment and sentence entered upon a jury verdict finding him guilty of aggravated assault and of being a habitual criminal. We reverse and remand.

This action arises from an apparent beating on August 9, 1979, of one Harold Rooney, a party described as a member of a group of local winos. Rooney was severely beaten, resulting in brain...

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