STATE v. WHITE MOUNTAIN

No. 13894.

332 N.W.2d 726 (1983)

STATE of South Dakota, Plaintiff and Appellee, v. Anthony WHITE MOUNTAIN, Defendant and Appellant.

Supreme Court of South Dakota.

Decided April 27, 1983.


Attorney(s) appearing for the Case

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

George E. Grassby, Asst. Public Defender, Rapid City, for defendant and appellant.


DUNN, Justice.

This is an appeal from a judgment of conviction for aggravated assault, pursuant to SDCL 22-18-1.1(2).* We affirm.

In the early morning hours of July 1, 1981, Gerald Michael Rosen (Rosen) and his girl friend were walking to the home of a friend in Rapid City, South Dakota. Although there is some conflict in the record, the two were apparently approached by another individual and an argument ensued. Meanwhile, a second...

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