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STATE v. McKEE

No. 13340.

314 N.W.2d 866 (1982)

STATE of South Dakota, Plaintiff and Appellee, v. Russell McKEE, Defendant and Appellant.

Supreme Court of South Dakota.

Decided January 20, 1982.

Attorney(s) appearing for the Case

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

Charles D. Gullickson of Davenport, Evans, Hurwitz & Smith, Sioux Falls, for defendant and appellant.

WOLLMAN, Chief Justice.

This is an appeal from a judgment of conviction of the crime of manslaughter in the second degree. SDCL 22-16-20.1 We affirm.

An automobile driven by defendant struck the rear of a semi-trailer truck near the town of Gayville at about 2:00 a. m., June 7, 1980. Both vehicles were traveling east on Highway 50 at the time of the accident. The truck driver testified that he signaled to change from the right...

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