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STATE v. ABRAHAM

No. 13487.

318 N.W.2d 775 (1982)

STATE of South Dakota, Appellee, v. Lyle ABRAHAM, Appellant.

Supreme Court of South Dakota.

Decided April 28, 1982.

Attorney(s) appearing for the Case

Mark W. Barnett, Asst. Atty. Gen., Pierre, for appellee; Mark V. Meierhenry, Atty. Gen., Pierre, on brief.

David J. Trygstad of Jorgensen & Trygstad, Sioux Falls, for appellant.

FOSHEIM, Justice.

Lyle Abraham appeals his conviction of aggravated assault. We affirm.

The odor of glue brought Officer O'Neill to inmate Abraham's (appellant) cell at the State Penitentiary. The officer reported this to Sergeant Walters and the two of them asked appellant for a plastic bottle which was visible in his cell and was thought to contain glue. Appellant refused to give up the bottle and O'Neill and Walters reported the matter to Captain Stepanek...

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