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STATE v. BENNETT

No. 13719.

326 N.W.2d 720 (1982)

STATE of South Dakota, Plaintiff and Appellee, v. Michael D. BENNETT, Defendant and Appellant.

Supreme Court of South Dakota.

Decided November 24, 1982.

Attorney(s) appearing for the Case

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

Joseph M. Butler of Bangs, McCullen, Butler, Foye & Simmons, Rapid City, for defendant and appellant.

DUNN, Justice.

This is an appeal from a conviction of second-degree manslaughter in violation of SDCL 22-16-20 and driving while under the influence of an alcoholic beverage (DWI) in violation of SDCL 32-23-1(2). Michael D. Bennett (appellant) appeals from that portion of the judgment which found him guilty of second-degree manslaughter. We affirm.

At approximately 1:00 in the afternoon on April 2, 1981, appellant rode with some friends from Spearfish, South...

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