STATE v. LAYTON

Nos. 13845, 13850.

337 N.W.2d 809 (1983)

STATE of South Dakota, Plaintiff and Appellee, v. Stephen LAYTON (# 13845) and Ronald Dennis (# 13850), Defendants and Appellants.

Supreme Court of South Dakota.

Decided August 24, 1983.


Attorney(s) appearing for the Case

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

Joseph Neiles of Minnehaha County Public Defender's Office, Sioux Falls, for defendant and appellant Layton.

David Alan Palmer of Strange, Strange & Palmer, Sioux Falls, for defendant and appellant Dennis.


HENDERSON, Justice.

PROCEDURAL HISTORY

On November 18, 1981, a Grand Jury charged appellant Dennis with four counts of attempted first-degree murder and two counts of aggravated assault. Appellant Layton was charged with one count of attempted first-degree murder and one count of aggravated assault. All of the charges stemmed from a violent attack by appellants on several unarmed South Dakota Penitentiary guards on November 7, 1981.

Appellants were...

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