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STATE v. McCOMSEY

No. 13643.

323 N.W.2d 889 (1982)

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

Supreme Court of South Dakota.

Decided September 1, 1982.

Rehearing Denied October 7, 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.

Drew C. Johnson of Maloney, Kolker, Fritz, Hogan & Johnson, Aberdeen, for defendant and appellant.

FOSHEIM, Justice.

A jury convicted the defendant of eluding a police vehicle, in violation of SDCL 32-33-18.1 This appeal is from the judgment. We affirm.

The prime question is whether it was prejudicial error for the trial judge to release the jurors overnight without supervision after the case had been submitted to them for deliberation. The case went to the jury at approximately 4:45 p. m., November 23, 1981; the jurors left...

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