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STATE v. OLSON

No. 13794.

334 N.W.2d 49 (1983)

STATE of South Dakota, Plaintiff and Appellant, v. Billy G. OLSON, Defendant and Appellee.

Supreme Court of South Dakota.

Decided May 18, 1983.

Attorney(s) appearing for the Case

Douglas E. Kludt, Asst. Atty. Gen., Pierre, for plaintiff and appellant; Mark V. Meierhenry, Atty. Gen., Pierre, on brief.

Ronald R. Johnson of Johnson & Kelley, Lemmon, for defendant and appellee.

DUNN, Justice.

This is an appeal from an order acquitting Billy G. Olson (appellee) of aggravated assault and entering a conviction of simple assault in its place.

Appellee was charged with aggravated assault pursuant to SDCL 22-18-1.1 for attempting to run over Patrick Dugan with a pickup truck. During cross-examination of appellee, the state's attorney asked appellee, "Have you been charged with assault and battery ... ?" The question brought an objection...

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