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STATE v. HEUMILLER

No. 13445.

317 N.W.2d 126 (1982)

STATE of South Dakota, Plaintiff and Appellee, v. Ernest H. HEUMILLER, Defendant and Appellant.

Supreme Court of South Dakota.

Decided March 3, 1982.

Attorney(s) appearing for the Case

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

C. Joseph Neiles, Sioux Falls, for defendant and appellant.

FOSHEIM, Justice.

Ernest H. Heumiller appeals his conviction of aggravated assault. We affirm.

While Deputy Sheriff Mark Norris was patrolling near Bridgewater, South Dakota, about 8:45 p. m. on October 27, 1980, he observed, followed, and stopped a car weaving on the road. As Norris approached the stopped vehicle, appellant exited from the passenger side, and rapidly came towards him, while shouting obscenities. He then began pushing the deputy to prevent...

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